JUDGEMENT
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(1.) HEARD learned counsel for the parties.
In this writ petition, the petitioner is claiming
reservation in respective categories for appointment being made
on the post of Accountant in pursuance of advertisement dated 21.11.2007.
(2.) ADMITTEDLY , the petitioner is claiming reservation in a scheme which is said to be formulated by the Central
Government in which the State Government has been assigned
to provide appointment on different posts.
Learned counsel for the petitioner submits that at the time of providing appointment in the scheme, the respondents
are under obligation to provide reservation and it has not been
provided, therefore, totally illegal action has been taken by the
respondents contravening the constitutional provision. It is also
submitted that for the said post reservation is provided by the
respondents, therefore, obviously, denial of reservation to the
petitioner for the post in question in a scheme is illegal,
therefore, it is submitted that the respondents may be directed
to provide reservation and consider the candidature of the
petitioner in pursuance of advertisement issued in the year
2008.
(3.) PER contra, learned counsel for the respondents submits that first of all no direction can be given at this stage
because the petitioner is claiming his right of consideration
against the reservation in the advertisement issued in the year
2008 in which he participated and the appointments have already been made. Further, learned counsel for the
respondents submits that State Government is under obligation
to follow the guidelines issued by the Central Government for
providing appointment. It is nowhere stated in the writ petition
that directions were issued by the Central Government for
providing reservation for which the petitioner is claiming
appointment to provide reservation. In absence of any provision
of law and any guidelines from the Central Government and
upon the fact that the petitioner is claiming appointment in a
scheme known as NRHM, therefore, there is no question for
granting any relief to the petitioner with regard to reservation.;
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