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2025 DAILYLAW 190592 (ALL)

VIJAY KUMAR v. STATE OF U.P. AND 2 OTHERS

WRIA/15600/2025 · 2025-10-16

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15600 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Sunil Kumar, learned counsel for petitioner and Sri Santosh Kumar, learned Standing Counsel for State-Respondents. 2. Petitioner, a Scheduled Tribe candidate, remained unsuccessful in earlier recruitment process initiated in the year 2018 and any ambiguity in filling of posts towards reserved category was not raised immediately after selection process was over. Therefore, to raise such ambiguity after about more than six yeas, has lost its efficacy. 3. The claim of petitioner is based on a communication made under the provisions of Right to Information Act. The seats, if available towards Scheduled Tribe category, were filled by other candidates and it is not mandatory to carry forward the same. Otherwise also, three seats have already been reserved in fresh recruitment process which is within the percentage of reservation towards Scheduled Tribe and petitioner has still opportunity to appear in fresh recruitment process. 4. In view of above, the claim of petitioner has no legal basis and prayer to increase seats under Scheduled Tribe category cannot be allowed by this Court since it is subject matter of recruitment body based on reservation policy and number of posts advertised. 5. The writ petition is accordingly dismissed. October 17, 2025 AK Versus Counsel for Petitioner(s) : B.B.Rai, Sunil Kumar I Counsel for Respondent(s) : C.S.C., M.N. Singh (Saurabh Shyam Shamshery,J.) Vijay Kumar .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad