DEHRADUN: Putting up for consideration the petition that sought intervention in the matter of overlapping reservations in the recruitment process to fill up assistant professor post, the Uttarakhand high court has ordered Uttarakhand Public Service Commission (UKPSC) to place its affidavit for consideration of this court within six weeks.

In addition, the five category candidates reserved—Pankaj Pandey, Sapna, Mamta, Kapil Kumar, and Priyanka Yadav—who are impleaded in the case have been directed to file their replies within four weeks. The court has listed the case for further hearing on February 17 of next year.

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Kartikey Hari Gupta, counsel for the petitioner, Dr Manisha Pandey explained that once a candidate from a reserved category takes advantage of a cut-off lower in the API score, the candidate cannot subsequently use the benefit of an unreserved seat even though he may secure higher marks in the final result.

"We have argued that 'overlap of reservation' would lead to over reservation in public posts, which would violate Articles 14 and 16 of the Constitution of India," he said.

The petitioner's lawyer submitted that she had applied for the assistant professor (Hindi) post at Government Degree College under Selection 2021 in general category, conducted by the UKPSC. "In the API cut-off score, she got 93 marks, which was the requirement for unreserved candidates. For SC, it was 47; for OBC, 52; and for EWS, 52. The finally selected reserved category candidate, who has passed the API cut-off score only because of lower cut-off, has been given final selection in the unreserved category because, in the final interview, they gained more marks than the petitioner, " said Gupta.

"We have submitted before the court that the reserved category candidate who obtained the benefit of a lower API cut-off cannot transition into the unreserved general category in the final result," Gupta told news agency.