HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10603 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard Mr. Rishabh Raj, Advocate, holding brief on behalf of Mr. Gokul Seth, learned counsel for petitioners, learned State Counsel for opposite party no.1 and Mr. Ravi Shankar Tiwari, learned counsel for opposite parties no.2 and 3. 2. Petition has been filed challenging the screening result dated 25.08.2025 and the advertisement dated 14.06.2023 for purposes of recruitment on the post of Medical Officer (Unani) to the extent of non-application of statute mandated reservation criteria pertaining to OBC quota of 27%. Further prayer for mandamus to permit petitioners to participate in the forthcoming interview for the aforesaid post and for declaration of result has also been made. 3. Learned counsel for petitioners submits that as per the aforesaid advertisement, 26 posts of Medical Officer (Unani) were advertised and reservation was required to be made as per existing rules. He has referred to the U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 to submit that in terms of Section 3 thereof, a reservation of 27% is required to be given for posts reserved for other backward category. 4. It is also submitted that in the advertisement, no specific breakup pertaining to reservation quota for the aforesaid seats has been indicated, Versus Counsel for Petitioner(s) : Ram Raj, Gokul Seth Counsel for Respondent(s) : C.S.C., Raj Kumar Upadhyaya (R.K.Upadhyaya) Dr. Mohd. Akmal And 4 Others .....Petitioner(s) State Of U.P Thru. Addl. Chief Secy. / Prin. Secy. Deptt. Of Ayush(Unani) Lko And 2 Others .....Respondent(s) which is against judgment enunciated by Hon'ble Supreme Court in the case of Amrit Yadav versus State of Jharkhand and others, Civil Appeal (s) No. 13950-13951 of 2024. 5. Learned counsel for opposite parties no. 2 and 3 has been provided written instructions dated 04.03.2025, a copy of which is taken on record and as per which the reservation is required to be granted in terms of cadre strength on a point-wise roster system and not with regard to vacancies and in pursuance thereof, for a total 27 posts of Medical Officers (Unani) 21 come within the General Category with one post under the OBC Category, three posts reserved for the Scheduled Caste Category. Two posts for the Economically Weaker Section and five posts under the women quota in the horizontal reservation category has been indicated. 6. It is submitted that judgment rendered by Hon'ble Supreme Court is binding upon the Commission but submits that the impugned advertisement is of the year 2023 and at that time there was no such specific law enunciated by Hon'ble Supreme Court with regard to breakup of reservation category seats to be indicated specifically in the advertisement. 7. On the basis of instructions, he submits that in future the Commission shall take care to abide by the aforesaid judgment of Supreme Court. It is also submitted that as a special case, petitioners may be permitted to participate in the interview. 8. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is thus evident that law enunciated by Hon'ble Supreme Court in the case of Amrit Yadav (supra) is to the effect that in an advertisement issued for purposes of recruitment to any posts, a specific breakup of seats coming within purview of reservation quota are required to be indicated. However, at the same time, it is also evident that the present impugned advertisement was issued on 14.06.2023 that is much prior to such law being enunciated. It is also evident that two years have passed and the process of recruitment is underway. 9. With a view to save the aforesaid recruitment procedure and in terms of submissions advanced by learned counsel for opposite parties 2 and 3, as a special case, which shall not be treated as a precedent, petitioners are WRIA No. 10603 of 2025 2 permitted to participate in the interview slated to be held from 08.09.2025 till 12.09.2025 for the post of Medical Officer (Unani) in terms of advertisement dated 14.06.2025. The result with regard to petitioners which shall obviously be declared by the Commission. 10. Learned counsel for opposite parties no. 2 and 3 shall intimate the Commission with regard to passing of this order. 11. In view of aforesaid, the petition is disposed of with the aforesaid terms. September 12, 2025 Satish WRIA No. 10603 of 2025 3 (Manish Mathur,J.) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench