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Showing contexts for: reservation valid in Nawal Kishor Mishra & Ors vs High Court Of Judicature Of ... on 17 February, 2015Matching Fragments
Having heard learned counsel for the respective parties, the questions that arise for consideration in these appeals are as under:
Whether the appellants have the locus standi to challenge the appointments made by the High Court in the filling up of the unfilled vacancies of the reserved categories in the Direct Recruitment Posts by way of promotion of the 'in service candidates'?
Whether the High Court could have validly adopted the Reservation Act of 1994 by relying upon Rule 7 of the High Court Rules?
Whether the Reservation Act of 1994 or any of the order of the Government providing for reservation was validly adopted by the High Court as claimed by it?
While filling up the unfilled posts of direct recruit vacancies by way of promotion under Rule 8(2), did the High Court fall into errors in not considering the appellants who were the successful candidates and who hailed from the very same source, namely, direct recruitment, who alone were eligible to be considered in the first instance even as per Rule 8(2)?
According to the learned senior counsel, after Rule 7 was amended, when the Rule specifically stated that it would be in order for the High Court to apply the rule of reservation in accordance with the order of the Government as adopted by the High Court, the extent to which any application of rule of reservation could have been only by way of adoption of any order of the Government of Uttar Pradesh prescribing the rule of reservation and not the adoption of the whole of Reservation Act, 1994. The learned senior counsel, therefore, contended that the High Court could not have validly adopted the Reservation Act, 1994 by applying Rule 7 of the High Court Rules.
Pursuant to our orders, the High Court filed its affidavit sworn to by the Registrar General of the High Court at Allahabad dated 28.11.2014, along with annexures 1 to 9. By placing reliance on these annexures, the learned standing counsel for the High Court submitted that the provision for reservation was validly adopted by the High Court as provided under Rule 7 of the High Court Rules. Since whatever proceedings relating to the adoption of the rules of the reservation based on which the selection and appointment of the year 2009 of the higher judicial service was made by the High Court, we asked the learned senior counsel for the appellants to make his submissions based on the said materials placed before this Court.