The Allahabad High Court has stayed the appointment of women selected outside the basic category in the Excise Constable Recruitment 2016.
A single bench of Justice Rajeev Misra passed this order while hearing a petition filed by Pramod Kumar Singh and 5 Others.
Challenge in the writ petition is to the result declared by respondent-3 Secretary/Chairman, Uttar Pradesh Subordinate Services Selection Board on 15.3.2022.
Ashok Khare, Senior Counsel for petitioner, contended that as per the advertisement issued in respect of selections for the post of 405 Excise Constable, reservation applicable to the female category falls under the category of horizontal reservation. As such candidates who have found selection without availing the benefit of reservation are also to be included within the percentage of seats reserved for female category.
He, therefore, submitted that in all eventuality, the total number of selected candidates in the female category cannot exceed 81. It is thus contended that the selection of 143 female category candidates for the post so advertised is manifestly illegal.
Standing Counsel representing respondents-1 and 2 and Siddharth Singhal, counsel representing respondent-3, have opposed the writ petition. However, they could not point out any provision that reservation applicable to female category is not horizontal reservation nor the number of candidates in female category could be beyond 81.
The Court observed that, in view of above, matter requires consideration.
“Issued notice to respondents 4 to 12 returnable on 18.7.2022. Steps for service upon respondents 4 to 12 shall be taken in accordance with the Rules of the Court.
As an interim measure, it is provided that appointments on the post of Excise Constable in female category shall stand confined to 81 selected female candidates,” the order reads.
The Court has fixed the next hearing of the petition on July 18, 2022.