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Allahabad High Court · body

2017 DIGILAW 235 (ALL)

Umesh Chandra Tripathi v. Chief Engineer I. O. L. Ltd.

2017-01-17

SANGEETA CHANDRA, V.K.SHUKLA

body2017
JUDGMENT Petitioners in both the Writ Petitions in question are requesting this Court to quash the advertisement dated 29.12.2016 advertised by Indian Oil Corporation Ltd., Gorakhpur, in reference of Item No.485, Village Bhanpur, Gram Panchayat Bela Khaarg Kala, Block Belharkala, District Sant Kabir Ngar OBC/(G.P.) Rural 2016-2017 and to issue fresh advertisement as open and concerned authorities be directed to decide the grievances of the petitioners and earlier representation/objection dated 02.01.2017 given by the petitioners within stipulated period on 28.01.2017. Petitioners are submitting before this Court that advertisement in question has been issued advertising the said vacancies in question and petitioners' objection to the aforementioned advertisement is on account of the fact that the advertisement in question should be in reference to open category instead of confining it for reserved category. Petitioners have tried to contend before this Court that in the village concerned, there is no one from OBC category available and in view of this, the advertisement in question should be quashed and it should be made open to be filled up from open category. Shri Sanjeev Singh, Advocate has countered the said submission in question by contending that under the scheme of things provided for, two hundred points roster is provided for and as per the said points, the criteria of reservation is pressed into service and based on the said criteria, the vacancy in question has been so advertised under two hundred points roster fixed and as such, in case any interference is made the same would disturb the entire chain of advertisement. After respective arguments have been advanced, the factual situation that is so emerging is that for making selection and appointment, criteria of reservation has also been provided for and in consonance with the said criteria that has been provided for, two hundred points roster is there and thereafter respective locations in question as per roster has been fixed. After respective arguments have been advanced, the factual situation that is so emerging is that for making selection and appointment, criteria of reservation has also been provided for and in consonance with the said criteria that has been provided for, two hundred points roster is there and thereafter respective locations in question as per roster has been fixed. Once such is the factual situation that there is a two hundred point roster and the locations in question have been identified and thereafter based on two hundred point roster, locations have been finalised, then in our considered opinion, any interference with advertisement in question would disturb two hundred points roster that has been prepared in consonance with the identified locations, in view of this, the challenge that has been made that the locations that has been so identified and has been reserved for OBC category be converted into open category, cannot be accepted by us as it is in the purview of policy decision. Consequently, as both the Writ Petitions sans merit, the same are accordingly dismissed.