# Markandey Singh & others v. The State of U.P. & others

- **Citation:** (2002) 2 ILRA 325
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2000-07-29
- **Case number:** Civil Misc. Writ Petition No. 33620 of 2001
- **Bench:** M. Katju, Rakesh Tiwari
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/markandey-singh-others-v-the-state-of-u-p-others-54444
- **Pages:** 1

## Headnote

Constitution
of
India,
Article
226
Reservation- Single post of professior in
the
Department
of
Botany-
advertisement for a OBC- candidate
under reserve quota- illegal.

Held- Para 3

In the advertisement in question this
post has been stated to be reserved for
OBC. In paragraph 4 of the writ petition
it is mentioned that there is only one
post of Professor in the Department of
Botony 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 (4) SCC 1 we hold that
the post in question cannot be reserved
as it is single post and has to be treated
as a post for general category.

## Text

2 All] Dr. (Mrs.) Vimala Vs. State of U.P. and others
325
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 13.3.3002

BEFORE
THE HON'BLE M. KATJU, J.
THE HON'BLE RAKESH TIWARI, J.

Civil Misc. Writ Petition No. 33620 of 2001

Dr. (Mrs.) Vimala

...Petitioner
Versus
State of U.P. and others ...Respondents

Counsel for the Petitioner:
Dr. (Ms.) Vimala Y. (In person)
Sri A.K. Pandey

Counsel for the Respondents:
S.C.
Sri Neeraj Tripathi

Constitution
of
India,
Article
226
Reservation- Single post of professior in
the
Department
of
Botany-
advertisement for a OBC- candidate
under reserve quota- illegal.

Held- Para 3

In the advertisement in question this
post has been stated to be reserved for
OBC. In paragraph 4 of the writ petition
it is mentioned that there is only one
post of Professor in the Department of
Botony 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 (4) SCC 1 we hold that
the post in question cannot be reserved
as it is single post and has to be treated
as a post for general category.

(Delivered by Hon'ble M. Katju, J.)

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 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
OBC. 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 (4) SCC1 we hold that the post in
question cannot be reserved as it is 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.

The petition is finally disposed off.
---------
ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 16.3.2002

BEFORE
THE HON'BLE BINOD KUMAR ROY; J.
THE HON'BLE R.C. DEEPAK, J.

Criminal Misc. Writ Petition No.1369 of
2002

Markandey Singh & others ...Petitioners
Versus
The State of U.P. & others...Respondents