Laxmi Chand Son Of Daya Ram, Sher Singh ... vs State Of U.P. on 23 December, 2005
"13. In the present case, what we have to examine
is as to whether what is provided, is a mere preference or
a first priority. In the event, the rule provides a mere
preference, it will mean that the candidates concerned
will have to have equal marks to begin with and then one
amongst so many, will be given a preference. As against
that, if there is an en bloc priority given to a category,
that will have to be preferred irrespective of the marks
obtained. The word 'Variyata' has been defined in the
Oxford Hindi into English Dictionary, as priority or
precedence. Besides from the two Government Circulars,
which are referred to above and which were issued
subsequently, i.e, one dated 21.11.2005 and the latter
dated 24.4.2006, the intention has been further clarified.
As we have noted, the Government Circular dated
21.11.2005, gives the clarification specifically stating
that an Instructor/Supervisor, who has worked in the
nonformal education Scheme, if available and if having
the other conditions of eligibility, and if falls in the
prescribed category of reservation, will be appointed, even
if he is having less number of marks. The Government
Circular of 24.4.2006, clearly states that amongst the
Instructors/Supervisors, one who has put in longer years
of service, will be preferred. In the earlier Government
Circular dated 10.10.2005, those who had passed
B.Ed./L.T., were to be given the preference while stating
that the word used was Adhimanyata (preference). That
clause has been removed and the terms used in Clause
no.4, are Prathama Variyata, which will mean 'first
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priority' or 'precedence'. The provisions contained in this
Clause, when read with the clarification dated
21.11.2005, clearly lead to the inference that the
Instructors/Supervisors, who have worked in the non
formal education Scheme ought to be preferred en bloc
with priority over the others, if such persons are
available.