Yogender and Ors v. Union of India and Anr

1. In view of the counter affidavit filed which evinces that for those who sought benefit as an OBC candidate on the strength of OBC certificate certifying them to be members of the Jatt community, post decision of the Supreme Court in W.P.(C) No.274/2014 the department treated all of them as unreserved candidates and no one has been offered appointment in said category who has less marks than petitioners, learned counsel for the petitioners concede that as pleaded the petitioners would have no case and thus pray that the writ petitions may be dismissed as withdrawn granting liberty to the petitioners to file fresh petitions on a different cause of action which petitioners claim now flows in their favour with reference to dereservation of the unfilled vacancies in the SC and ST category. The grievance is that whereas diversion takes place for unfilled seats in the exservicemen category no such diversion was accorded being seats reserved for SC & ST candidates which remained unfilled.

2. Granting liberty to the petitioners to file fresh petitions if they so desire on aforesaid aspect of the matter instant four writ petitions are dismissed as withdrawn.

3. No costs. fV.P. (C) No.5/2016 &conn.matters 2of[3] CM NOS.24345/2Q16 &24841/2016 inW.P.(C) NO.854/2016 Keeping in view the prayers made in the applications notwithstanding W.P.(C) No.854/2016 being dismissed as withdrawn, the two applications be placed before aBench comprising Hima Kohli, J. and Sunil Gaur, J. for orders on July 29, 2016. PRADEE^NAN^^JOG,J. JULY 19, 2016 mamta W.P.(C) No.5/2016 & conn.matters IBHA RANtrir page 3 of[3]