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Allahabad High Court · body

2002 DIGILAW 378 (ALL)

Y. VIMALA v. STATE OF U. P.

2002-03-13

M.KATJU, RAKESH TIWARI

body2002
M. KATJU, RAKESH TIWARI, JJ. ( 1 ) HEARD learned counsel for the parties. ( 2 ) THE petitioner has prayed for quashing of the Selection proceedings for the post of Professor in the Department of Botany in the Meerut University, in pursuance of the advertisement dated 29. 7. 2000 (Annexure-2 to the petition ). ( 3 ) IN the advertisement in question, this post has been stated to be reserved for O. B. C. In paragraph 4 of the writ petition, it is mentioned that there is only one post of Professor in the department of Botany in the Meerut University and this fact is not disputed. Hence in view of the decision of the Constitution Bench of the Supreme Court in Post Graduate institute of medical Education and Research, Chandigarh v. Faculty Association, 1998 (2) AWC 1300 (SC); 1998 (4) SCC 1 , we hold that the post in question cannot be reserved as it is a single post and has to be treated as a post for general category. ( 4 ) THE impugned advertisement dated 29. 7. 2000 is quashed so far as the post of Professor in the department of Botany is concerned and the Meerut University is directed to re-advertise the post forthwith and fill it up in accordance with the direction given above. ( 5 ) THE petition is finally disposed off. .