UP Court Services: HC denies plea seeking benefit of EWS reservation
Allahabad High Court has rejected a petition seeking reservation of 10% for Economically Weaker Sections (EWS) among general category candidates for Uttar Pradesh Higher Judicial Service Examination, 2020, saying that ‘once the announcement is published, it would not be fair and appropriate for the authorities to insert any new clause.
Earlier notices were published and the High Court administration in its response said that EWS’ reservation “provided for under Act No 10 of 2020” was not passed by the High Court in issuance of the notification.
The Uttar Pradesh Public Services (Reservation to Economically Weaker Sections) Act 2020 (UP Act No. 10 of 2020) provides that at the stage of direct recruitment, 10% of vacancies shall be reserved in public services to people belonging to the economically weaker categories. sections.
Petitioner Sandeep, who is a practicing barrister in Meerut, had asked the court to request the High Court administration to issue an amended notice providing for the 10% reserve for EWS.
Denying the motion, a bench consisting of Justices KJ Thaker and Ajai Tyagi observed: “Once the advertisement is published, it would not be fair and proper for the authorities to insert a new clause. The Supreme Court also ruled that changing any condition in the ad would violate the constitutional mandate.”
Therefore, we cannot order the High Court by way of mandamus to grant a reserve advantage to candidates in the category of economically weaker sections to take the exam this year. However, we request the High Court of Allahabad to pass the same, if not passed,” the court said in its March 25 order.
“We are unable to accept the submissions of the Petitioner. The advertisement issued by Respondent No. 2 (General Register) cannot be said to be unlawful or arbitrary and contrary to the mandate of the Constitution of India The petitioner cannot be said to be discriminated against,” the court observed.
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