PIL against quota ordinance

<div class="section1"><div class="Normal">LUCKNOW: A division bench of the High Court here on Friday directed the state government to file response within six weeks on a public interest litigation (PIL) petition challenging the validity of the newly-promulgated UP Public Services (Reservation for Scheduled Castes, Scheduled Tribes, other Backward classes (Amendment) Ordinance 2002.<br />The PIL was filed before a division of the high court comprising Justice Vishnu Sahai and Justice RC Pandey by advocates Hayat Singh and KK Pal on behalf of Dayaram Pal, member of the legislative council, alleging that the present ordinance was wholly unconstitutional and violative of the spirit behind reservation and also against the mandate issued by the Supreme Court in Indra Sawhney’s case. Besides, it was also contended that the ordinance had deprived the real backward people of the benefits of reservation.<br /><span style="" font-weight:="" bold="">Reinstatement</span> The high court here has not only allowed the writ petition of a teacher of an aided higher secondary college with reinstatement with full back wages w.e.f. January 1997 with 12 per cent interest till date of payment, but also directed the director secondary education to recover the aforesaid huge amount from the manager of the college. Justice RK Agarwal further ordered that the relief was allowed with cost of Rs 10,000 which the court directed to be recovered equally from the district inspector of schools, Gonda, and the committee of management of the college.<br />It was argued by Desh Ratna Sinha, counsel for the petitioner, that the manager of Guru Marbari Smarak HS College Diwakar Dutt Tiwari had taken all the original documents from the petitioner on the pretext of getting his service regularised and thereafter orally terminated his service. When the illegal action was challenged by means of the writ petition, the management in its reply said that the petitioner had never been employed in the college and, hence, there was no question of terminating his service. </div> </div>