Supreme Court - Daily Orders
Poonam Dwivedi vs State Of U.P on 18 May, 2023
Author: Hrishikesh Roy
Bench: Hrishikesh Roy
ITEM NO.31 COURT NO.14 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 4001-4002/2023
(Arising out of impugned judgment and order dated 09-01-2023 in SA
No. 467/2022 09-01-2023 in SA No. 464/2022 passed by the High Court
of Judicature at Allahabad, Lucknow Bench)
POONAM DWIVEDI & ORS. ETC. Petitioner(s)
VERSUS
STATE OF U.P & ORS. ETC. Respondent(s)
(I.R.and IA No.35938/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/
FACTS/ANNEXURES
IA No. 83266/2023 - EXEMPTION FROM FILING O.T.
IA No. 71065/2023 - EXEMPTION FROM FILING O.T.
IA No. 83265/2023 - INTERVENTION/IMPLEADMENT
IA No. 35938/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/
ANNEXURES)
Date : 18-05-2023 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY
HON'BLE MR. JUSTICE MANOJ MISRA
For Petitioner(s) Mr. V K Shukla, Sr. Adv.
Mr. Alok Mishra, Adv.
Ms. Parul Shukla, AOR
Ms. Shreya Bhojnagarwala, Adv.
For Respondent(s) Ms. Madhavi Divan Sr, A.S.G.
Mr. Vishnu Shankar Jain, AOR
Mr. M. R. Shamshad, AOR
Mr. Arijit Sarkar, Adv.
Ms. Nabeela Jamil, Adv.
Mr. Alok Kumar Mishra, Adv.
Mr. Ashutosh Lal, Adv.
Mr. Pramod Tiwari, Adv.
Dr. Vinod Kumar Tewari, AOR
UPON hearing the counsel the Court made the following
Signature Not Verified
Digitally signed by
NITIN TALREJA
Date: 2023.05.20
O R D E R
12:57:40 IST Reason:
Heard Mr. V.K. Shukla, the learned senior counsel appearing 1 for the petitioners. Also heard Ms. Madhavi Divan, the learned ASG appearing for the State of Uttar Pradesh. The Service Selection Commission (respondent No. 3) is represented by Mr. M.R. Shamshad, the learned counsel.
On 17.02.2023, while issuing notice, we passed the following order:
“Permission to file Special Leave Petitions is granted.
Heard Mr. V.K. Shukla, learned Senior Counsel appearing for the petitioners who are aspirants for the post of Health Worker for which recruitment process was initiated by the U.P. Subordinate Service Selection Commission. The petitioners belong to the Economically Weaker Section (EWS) and were aspirants for the posts reserved for this category and had offered their candidature enclosing the certificate issued on their respective economic status by the concerned Tehsildar.
However, noticing that the format of the certificate is inconsistent with what was required by the recruiting authority, notwithstanding the meritorious performance of the petitioners, they were not offered appointment resulting in the petitioners moving the High Court in writ jurisdiction.
The learned Single Judge having considered the nature of the income certificate produced by the government authority i.e. Tehsildar, ordered for rectification of EWS certificate to conform to the format and thereafter directed the selection commissioin to consider the candidature of the petitioners on their own merit.
However, on challenge by the respondents, the Division Bench interfered with the finding of the learned Single Judge and denied relief to the petitioners, inter-alia, because they did not implead the selected candidates who were from the open category but were recruited against the reserved category posts.2
Mr. M.R Shamshad, learned Counsel appearing for the U.P. Subordinate Service Selection Service Commission, on the other hand refers to the government orders 18.02.2019 and 14.03.2019 to contend that the income proof certificate of the previous financial year is to be provided but here the income certificate to demonstrate the EWS status of the petitioners were, of the current year.
Issue notice, returnable in four weeks.
In the meantime, if the appointment letters have not been issued and appointment have not been effected to the EWS vacancies, transferred later for the open category candidates, the same shall not be issued until the returnable date.” Today, it is pointed out by the learned ASG that appointment letters because of the above interim order have not been issued and thereby, large number of posts of Health Worker (Female) have been kept vacant and this is causing difficulties in the work of the administration.
Considering the above, we modify the interim order dated 17.02.2023 to say that the above interim order is limited to five vacancies and this order will not operate on the remaining vacancies available for Health Worker (Female).
List in the month of October, 2023.
(NITIN TALREJA) (KAMLESH RAWAT)
COURT MASTER (SH) ASSISTANT REGISTRAR
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