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2026 DAILYLAW 9690 (ALL)

PRITI CHAUDHARI AND ANOTHER v. STATE OF UTTAR PRADESH AND 2 OTHERS

WRIA/15612/2026 · 2026-09-24

Manish Kumar Nigam

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15612 of 2026 Court No. - 33 HON'BLE MANISH KUMAR NIGAM, J. 1. This writ petition has been filed seeking following relief :- "issue a writ, order or direction in the nature of certiorari quashing the Advertisement No. 11-Exam/2024 dated 14.10.2024, to the extent that the vacancy distribution/earmarking of posts for Scheduled Caste candidates is contrary to the applicable statutory reservation of 21% and the applicable roster; issue a writ, order or direction in the nature of mandamus commanding the Respondents to calculate and earmark the vacancies for Scheduled Caste candidates in accordance with Section 3 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994, the applicable Government Orders/rules and the prescribed roster. issue a writ, order or direction commanding the Respondents to re- determine/rectify the category-wise vacancy position in the recruitment to the post of Health Worker (Female), so as to ensure lawful implementation of the Scheduled Caste reservation; in the alternative, direct the Respondents to keep the final result and appointments subject to the outcome of the present writ petition and to make consequential correction in the category-wise selection;." 2. Contention of learned counsel for the petitioner is that an advertisement Versus Counsel for Petitioner(s) : Rajesh Yadav, Ram Chandra Srivastava Counsel for Respondent(s) : C.S.C., Siddharth Singhal Priti Chaudhari And Another .....Petitioner(s) State Of Uttar Pradesh And 2 Others .....Respondent(s) has been issued by respondent no.3 for the post of Swasthya Karyakarta (Mahila) wherein total number of vacancies shown is 4892 out of which, only 435 posts have been advertised for Schedules Castes candidates. It has been submitted by learned counsel for the petitioner that as per the law, 21% posts ought to have been reserved for the reserved category and the numbers of posts advertised only comes to 8.8%. 3. Shri Siddharth Singhal, learned counsel for the respondent - Commission has placed instructions. The same are taken on record. 4. Learned counsel for the respondent submitted that total number of posts available in the department for Schedules Castes is 4968 against which 4522 persons belonging to Schedules Castes are already working and the working posts which are vacant under the Schedules Caste Category are 446 out of which 11 posts have been sent for special recruitment drive and therefore, Commission has advertised only 435 posts. It has been further submitted by learned counsel for the respondent that recruitment is to be made on the total cadre strength and not on the vacancies advertised in advertisement. 5. In view of the same, no illegality has been committed by the Commission in advertising the vacancies. 6. The writ petition lacks merit and is accordingly dismissed. September 25, 2026 Rishabh WRIA No. 15612 of 2026 2 (Manish Kumar Nigam,J.) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad