DEEPANSHIversusTHE STATE OF U.P. AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                           WRIT - A No. - 14799 of 2026

Deepanshi
                                                                    .....Petitioner(s)
                                       Versus

The State Of U.P. And 2 Others
                                                                  .....Respondent(s)

Counsel for Petitioner(s)                   :    Man Bahadur Singh
Counsel for Respondent(s)                   :    C.S.C., Siddharth Singhal

Court No. - 33
                 HON'BLE MANISH KUMAR NIGAM, J.

1. This writ petition has been filed seeking following relief :-

     "Issue a writ or order or direction in the nature of certiorari quashing the
     impugned Advertisement No. 11-Exam/2024, Swasthya Karyakarta
     (Mahila) Mukha Pariksha (Ρ.Ε.Τ.-2023)/11 dated 14.10.2024, only to the
     extent it provides the category-wise allocation of vacancies against the
     Unreserved (UR), Scheduled Caste (SC), Scheduled Tribe (ST), Other
     Backward Class (OBC) and Economically Weaker Sections (EWS)
     categories in respect of the post of Swasthya Karyakarta (Mahila)
     (Samanya Chayan) under the Directorate General of Family Welfare,
     Uttar Pradesh, Lucknow, as contained in Tabulation-1 of Clause-4 of the
     said advertisement.


     Issue a writ or order or direction in the nature of mandamus commanding
     the respondents to re-determine the vacancies against the vertical
     reserved categories, including Scheduled Caste, Scheduled Tribe and
     Other Backward Class, as well as the Unreserved and EWS categories,
     strictly in accordance with the provisions of the Uttar Pradesh Public
     Services (Reservation for Scheduled Castes, Scheduled Tribes and Other
     Backward Classes) Act, 1994, the applicable Government Orders and the
     statutory roster/running account, and thereafter to finalize the selection
     on the basis of such re-determined category-wise vacancies within such
     period as may be stipulated by this Hon'ble Court."

2. Contention of learned counsel for the petitioner is that an advertisement
                                                                                          WRIA No. 14799 of 2026
                                                                   2


                                    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.


                                                                                   (Manish Kumar Nigam,J.)
                                    September 23, 2026
                                    Rishabh




Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad