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Judgment
By this writ application under Article 226 of the Constitution of India, the writ applicants have prayed for the following reliefs; "(A) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to de-reserve the backlog vacancies which were reserved for Scheduled Caste, Scheduled Tribe and other backward caste candidates by way of conversion and further be pleased to direct the respondents to fill up the unfilled reserved vacancies for the post of Vidhya Sahayak for Urdu Medium on the basis of open merit from amongst the applicants who have applied for the post in question in pursuance of the advertisement dated 21.12.2009;
(B) Pending admission and final disposal of this petition, Your Lordships will be pleased to restrain the respondents, their agents, servants and subordinate officers from proceeding further in pursuance of the advertisement dated 21.12.2009;
(C ) Such other and further relief that is just, fit and expedient in the facts and circumstances of the case may be granted."
On 16th April, 2015, the following order was passed; "1. The applicants herein are the petitioners of Special Civil Application No.3647 of 2010. It is their say that Letters Patent Appeal was preferred, being No.1539 of 2011, aggrieved by the decision of learned Single Judge which was disposed of upon statement made by learned Assistant Government Pleader that the authorities would undertake similar steps for filling up unfilled reserved category seats also in Science Stream in Urdu medium school where vacancies have remained unfilled for want of qualified candidates. According to the applicants, such order of Division Bench is not complied with. It is urged that out of 20 applicants, 7 applicants who belong to Urdu Medium General Stream have been appointed by de-reserving seats, however rest of them till date are deprived of the benefits. Learned advocate Ms. Acharya has made a request for early final hearing of the matter.
Considering the nature of the prayers, request is being acceded to, more particularly when certain instances are cited indicating the intention of the Government to fill up those posts expeditiously.
The application is disposed of . The main matter to be placed for hearing on 17th June 2015."
For the reasons recorded in the judgment and order passed today in the Special Civil Application No.179 of 2010 with Special Civil Application No.180 of 2010, this application is also allowed.
The prayer in terms of para-10(A) is granted and the respondents are directed to act accordingly. Rule is made absolute to the aforesaid extent. Direct service is permitted.
