The main legal point established in the judgment is that the appointment to a position must adhere to the necessary educational qualifications and service requirements, and reservations for specific categories are not applicable to single cadre posts.

( 1 ) THIS writ petition under Article 226 of the Constitution has been filed for quashing of the order dated 26. 6. 1998 of the State Government by which Sri Chandra Deo Ram, respondent No. 4, was appointed as Head of Department of Composition in the Northern Regional Institute of printing Technology, Allahabad.

( 2 ) THERE is an institute known as the Northern Regional Institute of Printing Technology at allahabad (hereinafter referred to as the Institute ). It imparts a three-years course for award of a diploma in printing technology. The Institute is controlled, financed and managed by the State government and is governed by U. P. Pravidhik Shiksha Adhiniyam, 1962. The service conditions of the staff of the Institute are governed by the U. P. Technical Education Gazetted officers Services Rules, 1990 (hereinafter referred to as the rules), which have been made by the governor of Uttar Pradesh in exercise of power conferred by the proviso of Article 309 to the constitution.

( 3 ) THE petitioner, Kuldeep Chand Kapoor, was appointed as demonstrator in the institute on 28. 9. 1966. He became a junior instructor on 17. 6. 1970 and, thereafter, lecturer in the Department of Composition on 19. 7. 1972. Sri Chandra Deo Ram, respondent No. 4 who belongs to scheduled Caste, was appointed as lecturer in the Department of the Graphic reproduction and lithography on 7. 8. 1982. The petitioner is thus senior to respondent No. 4 by 10 years. By the impugned order dated 26. 6. 1998 the State Government appointed respondent No. 4 as the Head of Department of Composition and it is this order which is the subject-matter of challenge in the present writ petition.

( 4 ) DR. R. G. Padia, learned counsel for the petitioner has assailed the appointment of respondent no. 4 as Head of Department of Composition on three grounds. The first ground is that respondent No. 4 did not possess the necessary educational qualification for the post of Head of department of Composition. The second ground is that he had not put in at least five years of service as lecturer in the subject of composition, which is an essential requirement for promotion to the post of Head of Department. The third ground is that under the relevant service rule, the appointment on the post of Head of Department has to be made on the basis of seniority subject to rejection of unfit and as the petitioner is 10 years senior to respondent No. 4, his appointment is wholly illegal. Sri P. R. Maurya, learned counsel for respondent No. 4, has submitted that Sri chandra Deo Ram holds the same qualification as that of the petitioner and lias put in more than 5 years of service as lecturer as he had been appointed on the said post on 7. 8. 1982 and, therefore, he possesses the necessary qualification for being appointed as the Head of department. He has further submitted that under the roster made by the State Government, the post of Head of Department of Composition had been- reserved for a Scheduled Caste candidate and respondent No. 4 being the seniormost lecturer in the Institute belonging to Scheduled Caste, he was rightly appointed as the Head of Department of Composition. Learned standing counsel, who has appeared for respondent Nos. 1 and 2 (State of U. P. and Director, Technical Education)has supported the stand taken by Sri P. R. Maurya, learned counsel for respondent No. 4. He has also submitted that as per the roster, the post of Head of Department of Composition was reserved for a Scheduled Caste candidate and, consequently, the petitioner could not claim appointment on the said post on the ground that he is senior to respondent No. 4.

( 5 ) IN order to appreciate the contention raised at the Bar, it will be convenient to notice the relevant provisions of the Rules 3 (i), 4, 5, 6 and 22 of the rules read as follows : rule 3 (i)--"service" means the Uttar Pradesh Technical Education Gazetted Officers Service which covers all the group a gazetted posts in the Direct