Hon’ble P.K.S. Baghel, J.—Petitioner has preferred this writ petition under Article 226 of the Constitution for issuance of writ of certiorari to quash the advertisement dated 29.2.2008 and consequential proceeding for filling up Class-IV posts in Jatan Swaroop Post Graduate College, Sikandarabad, Buland Shahar.

2. A brief reference to the factual aspect would suffice: The Jatan Swaroop Post Graduate College is a post graduate college affiliated to Chaudhary Charan Singh University, Meerut (hereinafter referred to as ‘University’). The affairs of the college is managed by a Committee of Management. The provisions of the Uttar Pradesh State Universities Act, 1973 and the first statute made thereunder for Chaudhary Charan Singh University are applicable in the institution.

3. A vacancy in Class-IV post occurred on account of promotion of one Smt. Munni Rani who was promoted to Class-III post on 10.11.2006. The Principal of the College sought permission of the Regional Higher Education Officer to fill the vacant post. The respondent No. 3 on 11.1.2007 granted the permission to fill the post. A copy of the said order is on record as Annexure-2 to the writ petition. Pursuant thereto an advertisement was issued by the respondent No. 4 in two national newspapers i.e. Dainik Jagran and Amar Ujala on 18/19.5.2007 respectively. The petitioner in response to the said advertisement made application for appointment on Class-IV post. The petitioner faced Selection Committee and he was found suitable. The Principal of the College sent the papers to the respondent No. 3, Regional Higher Education Officer who is the appropriate authority under the first statute of the Act, 1973 for approval of petitioner’s appointment.

4. The Regional Higher Education Officer vide order dated 20.7.2007 made some query with regard to the number of posts and applicability of reservation under the provisions of U.P. Act No. 4 of 1994 and the said query was replied by the Principal on 2.8.2007. The respondent No. 3 on 20.8.2007 rejected the approval of the petitioner on the ground that in the institution there are 10 sanctioned posts of Class-IV employees and only two Scheduled Caste candidates are currently working in the institution. It is further recorded in the order that these two posts are posts of Daftari and Sweeper which are separate and single cadre posts and as such for the application of the reservation these two posts shall be excluded from the rest of Class-IV posts. A direction was issued to the Principal to make a fresh recruitment.

5. Feeling aggrieved by the said order, the petitioner filed the present writ petition and this Court granted an interim order on 7.4.2008. It is stated at the bar that in compliance of the said interim order, no recruitment has been made to date.

6. Learned counsel for the petitioner Sri.P.N. Sexena, Senior Advocate assisted by Sri Bhupendra Kumar Singh submitted that the order of the regional Higher Education Officer is illegal as the provisions of the Act 1994 have wrongly been applied by the respondent No. 3. He urged that there are 10 sanctioned posts of Class-IV employees including Daftari and Sweeper. Posts of Sweeper and Daftari cannot be treated as a single cadre post for the application of the reservation. Those two posts are Class-IV posts as there is no difference of the pay scale of Sweeper and Daftari and other posts of Class-IV employees. In fact for the purposes of distribution of work those posts have been treated to be different, administratively.

7. Sri Saxena alternatively submitted that if the plea of the respondents are accepted then the post of Chaukidar/Watchman will also fall under the same category alongwith Sweeper and Daftari. Therefore, there would be only seven posts, therefore, only one post can be reserved for the Scheduled Caste as the percentage of reservation is only 21% In any event, one Scheduled Caste candidate is still working against those seven posts and as such quota of