Allahabad High Court
PRITI CHAUDHARI AND ANOTHERversusSTATE OF UTTAR PRADESH AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court held that the respondents did not commit any illegality in advertising the vacancies and dismissed the petition.
Summary
The petitioners challenged Advertisement No. 11-Exam/2024 for the post of Health Worker (Female), alleging that only 435 of the 4,892 vacancies were earmarked for Scheduled Caste (SC) candidates, amounting to 8.8% instead of the statutorily mandated 21% reservation. They sought certiorari to quash the advertisement and mandamus directing the respondents to calculate and allocate vacancies in accordance with Section 3 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994. The respondents contended that the total cadre strength for SCs is 4,968, of which 4,522 posts are already filled and only 446 vacancies exist, of which 11 are being filled through a special recruitment drive, justifying the advertisement of 435 posts. The Court examined whether the reservation percentage must be applied to the total cadre strength or to the advertised vacancies. Finding that the recruitment rules permit allocation based on the actual vacant posts within the SC cadre, the Court held that no illegality was committed by the Commission. Consequently, the writ petition was dismissed for lack of merit.
Issues considered
- Whether Advertisement No. 11-Exam/2024 violates the 21% reservation for Scheduled Castes under the Uttar Pradesh Public Services (Reservation) Act, 1994.
- Whether the respondents were required to allocate vacancies based on total cadre strength rather than actual vacant posts.
Legislation cited
Subjects
- reservation
- Scheduled Caste
- public service recruitment
- certiorari
- mandamus
- Uttar Pradesh Public Services Act
- vacancy advertisement
- reservation percentage
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15612 of 2026
Priti Chaudhari And Another
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Yadav, Ram Chandra Srivastava
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, order or direction in the nature of certiorari quashing the
Advertisement No. 11-Exam/2024 dated 14.10.2024, to the extent that the
vacancy distribution/earmarking of posts for Scheduled Caste candidates
is contrary to the applicable statutory reservation of 21% and the
applicable roster;
issue a writ, order or direction in the nature of mandamus commanding
the Respondents to calculate and earmark the vacancies for Scheduled
Caste candidates in accordance with Section 3 of the Uttar Pradesh
Public Services (Reservation for Scheduled Castes, Scheduled Tribes and
Other Backward Classes) Act, 1994, the applicable Government
Orders/rules and the prescribed roster.
issue a writ, order or direction commanding the Respondents to re-
determine/rectify the category-wise vacancy position in the recruitment to
the post of Health Worker (Female), so as to ensure lawful
implementation of the Scheduled Caste reservation;
in the alternative, direct the Respondents to keep the final result and
appointments subject to the outcome of the present writ petition and to
make consequential correction in the category-wise selection;."
2. Contention of learned counsel for the petitioner is that an advertisement
WRIA No. 15612 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 25, 2026
Rishabh
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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