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2007 Supreme(All) 1784
[2007(10) ADJ 685]
ALLAHABAD HIGH COURT
BEFORE : V.K. SHUKLA, J.
KRISHNA GOPAL SHARMA ..........Petitioner
Versus
STATE OF U.P. AND OTHERS .......Respondents
(Civil Misc. Writ Petition No. 1448 of 2007, decided on 15th June, 2007)
Counsel :
V.K. Singh for the Petitioner; Vinod Sinha, K.K. Chand, S.C. for the Respondents.
Headnote:Reservation—Selection process—Promotional quota—In recognized Institution in grant-in-aid list—And provisions of U.P. Act No. II of 1921 and U.P. Act No. 24 of 1971—Whether fully applicable in Institution in question—Three sanctioned posts of clerks in Institution, including one post of Head clerk—Question as to how much percentage of reservation applied in Institution in question—Out of three posts, two have already been filled-up by General category candidates—And 3rd post under 21% quota of S.C. has been reserved by authority—Authority were not wrong in reserving one post for S.C. candidate—Petitioner, being a General category candidate, working as Class IV in Institution, and no Class IV employee was eligible to be promoted, was available from reserved category, then exercise has been undertaken to fill-up said vacancy by way of direct recruitment—Petitioners’ promotion has been turned down—And that fact was communicated to College Manager—Pursuant to impugned order, selection proceedings has been undertaken after advertising vacancy in a daily newspaper by Selection Committee, where District Employment Officer participated—And selection was based on merit—Held, neither provisions of reservation has been breached, nor promotional quota has been breached and selection has been made on merit—Hence, petition liable to be dismissed. [U.P. Public Services (Reservation for S.C., S.T. and O.B.C.) Act, 1994—Sections 2(c), 3; Constitution of India, Articles 14, 15, 16—U.P. Secondary Education Service (Selection Board) Rules, 1998—Rules 10 and 14]. [Paras 28 to 33]
Honble V.K.Shukla, J.—In the district of Aligarh there is an institution known as Champa Inter College, Alipur, District Aligarh. Said institution is duly recognized institution and is governed by the provisions as contained under U.P. Act No. II of 1921. Said institution is in grant-in-aid list of the State Government and the provisions of U.P. Act No. 24 of 1971 are fully applicable to the said institution. In the said institution in all three posts of Clerk have been sanctioned which is inclusive of one post of Head Clerk and two posts of Assistant Clerk. Post of Head Clerk fell vacant on account of retirement of Shri Dharm Pal Singh 21.12.2000. In the said vacancy senior most Assistant Clerk Sri Kanta Prasad Sharma was promoted and his promotion was duly approved by the District Inspector of Schools vide order dated 20.12.2001. Qua remaining post of Assistant Clerk, one post stood filled up by making appointment of Smt. Prem Kumari in the year 1988 under Dying in Harness Rules and her appointment as such is one by way of direct recruitment, and hence 2nd post of Assistant Clerk was to be filled up by way of promotion. Managing Committee of institution passed resolution for promoting the petitioner who is Class IV employee on 25.10.2001 and the same was forwarded to the District Inspector of Schools on 8.11.2001. Petitioner has contended that since the date of resolution passed by the Committee of Management petitioner has taken over the charge of Assistant Clerk and has been working. It has further been contended that in spite of the fact that resolution dated 25.10.2001 had been passed and same has been forwarded to District Inspector of Schools, an order dated 11.12.2001 has been passed by District Inspector of Schools recommending the name of Sri Abhishek Sharma for being appointed as Assistant Clerk under Dying Harness Rules. Abhishek Sharma was not permitted to join in the institution on the post of Assistant Clerk, in this background Civil Misc. Writ Petition No. 45831 of 2002 (Abhishek Sharma v. Regional Joint Director of Education, Agra Region, Agra and others) has been filed by him. Said writ petition was disposed of on 25.10.2002 with the direction to the Regional Joint Director of Education to decide the claim of Abhishek Sharma. Thereafter decision was taken by the Regional Joint Director of Education on 4.4.2003 directing for joining of Abhishek Sharma to some other institution. In the meantime Committee of Management of the institution advertised the said vacancy and the said vacancy was sought to be filled up by appointing Leeladhar. Principal of the institution represented the matter by mentioning that said post is to be filled up by way of promotion. Thereafter papers were transmitted to District Inspector of Schools for approval of appointment of Leeladhar on which objection has been raised by District Inspector of Schools. On the said objection being raised by the District Inspector of Schools, Leeladhar preferred Civil Misc. Writ Petition No. 47786 of 2005 (Leeladhar v. State of U.P. and others). This Court on 1.8.2005 asked the District Inspector of Schools to pass reasoned and speaking order on the representation of Sri Leeladhar. Pursuant to the order dated 1.8.2005 the Regional Joint Director of Education who is the Chairman of Regional Level Committee on 16.11.2006 passed an order accepting the appointment of Sri Leeladhar on the post of in question. The District Inspector of Schools has also accorded financial sanction to the appointment of respondent No. 6 on the vacancy in question. Said orders are subject matter of challenge before this Court.
2. In the present case supplementary counter-affidavit has been filed, and therein communication dated 12.6.2003 has been sought to be appended mentioning therein that promotion of petitioner dated 20.2.2002 has been disapproved for the post of Assistant Clerk and post in question has been directed to be filled up from amongst scheduled caste cate
