Court No. - 30 Case :- WRIT - A No. - 16385 of 2015
Petitioner :- Rishi Kumar Pandey
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- A.K. Malviya
Counsel for Respondent :- C.S.C.,R.B. Pradhan
Hon'ble Suneet Kumar,J.
The petitioner claims to be the grand child of Sri Ram Narain Chaubey a freedom fighter. The petitioner is the son of Kamal Pandey who is the daughter of the freedom fighter. The petitioner had applied for the post of Assistant Teacher pursuant to an Advertisement dated 30 November 2011 for the post of Assistant Teacher in a Primary School run by the State of U.P., Basic Shiksha Parisad. The petitioner claims the benefit of the judgment rendered in Isha Tyagi Versus State of U.P. and others (Writ Petition No. 41279 of 2014) delivered on 26 August 2014 , wherein it has been held as follows:-
"In the circumstances, we order and direct that the benefit of the horizontal reservation of 2% for descendants of freedom fighters shall extend both to descendants of a freedom fighter tracing their lineage through a son or through a daughter irrespective of the marital status of the daughter. Neither a married daughter nor her children would be disqualified from receiving the benefit of the reservation which is otherwise available to them in their capacity as descendants of a freedom fighter. Whether, in a given case including the present, an applicant is truly a descendant of a freedom fighter is undoubtedly for the authority to verify. In the present case, the learned counsel appearing for the petitioner has stated that the process of counselling is still going on. In the event that the counselling process is still underway, we direct that the claim of the petitioner shall, subject to due verification as regards its authenticity, be considered under the category of the horizontal reservation of 2% provided for descendants of a freedom fighter. The writ petition is, accordingly, allowed in the aforesaid terms. There shall be no order as to costs"
Neutral Citation No. - 2015:AHC:45842
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Learned Standing Counsel appearing for the respondents has not disputed the proposition of law as rendered in Isha Tyagi's case.
In such view of the matter, the writ petition is allowed in terms of judgment rendered in Isha Tyagi's case (supra). It is provided that the third respondent, Basic Education Board, Allahabad, shall consider and decide the representation of the petitioner by speaking and reasoned order, expeditiously preferably, within six weeks from the date of filing of certified copy of this order along with a copy of the representation.
No order as to costs.
Order Date :- 6.4.2015 kkm
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