Hon’ble Sudhir Agarwal, J.—By means of the impugned order the petitioner, who belongs to OBC, and was selected for class IV post in Adarsh Krishi Inter College, Saraul, District Aligarh, has been declined approval on the ground that the vacancy was unreserved and was also advertised as unreserved vacancy, yet the petitioner, who belongs to OBC, has been selected, which is not permissible in law.

2. It is contended that assumption on the part of the Joint Director of Education, Aligarh that the reserved category candidate cannot be selected against the unreserved vacancy is clearly illegal and contrary to what has been held by this Court in Sanjeev Kumar Singh v. State of U.P. and others, 2007 (2) ESC 1042 (ALL)(DB) and the Apex Court in Jitendra Kumar Singh and another v. State of Uttar Pradesh and others, (2010) 3 SCC 119.

3. Learned standing counsel, per contra, attempted to defend the order for the reasons stated in paras 7 and 8 of the counter affidavit, which reads as under:

“7. That in reply to the contents of paragraphs 12 to 16 of the writ petition, it is most respectfully submitted that the District Inspector of Schools has granted permission for filing up the pos