Devendra Kumar Arora, J.—

Notice on behalf of opposite parties no. 1, 2 & 4 has been accepted by the learned Chief Standing Counsel. Sri H. S. Jain, Advocate has accepted notice on behalf of opposite party no. 3.

In view of the order proposed, issuance of notices to the opposite parties no. 5 & 6 is dispensed with.

By means of present writ petition, the petitioner prays for a writ in the nature of certiorari for quashing of the impugned Memorandum dated 11.6.2012 as well as order dated 30.7.2012, issued by opposite party no. 4 in pursuance to the impugned Memorandum, so far as it relates to the selection of opposite party no. 6 on the post of Lecturer in Geography in the College known as Kisan Inter College, Bahgauli Tirath, Barabanki, as contained in Annexure No. 7 to the writ petition. Petitioner further prays for a writ in the nature of mandamus commanding the opposite parties not to create any hindrance in discharging the duties of petitioner on the post of Lecturer in Geography in the college till the selection of duly selected candidate by the Board and pay him salary and other allowances as well in accordance with law.

Submission of learned counsel for petitioner is that a post of Lecturer, Georgraphy fell vacant in Kisan Inter College, Bahgauli Tirath, Barabanki (hereinafter referred to as 'college') due to retirement of one Sri Radhey Shyam Verma on 30.6.2009. As such, the Manager of the Committee of Management i.e. opposite party no. 5 sent a requisition to the District Inspector of Schools, Barabanki (hereinafter referred to as 'D.I.O.S.). As per requisition (Annexure No. 1), the post of lecturer in Geography belongs to Schedule Caste category. On receiving requisition, the D.I.O.S. sought some information from the Committee of Management and when nothing was done on behalf of the D.I.O.S., the Management of the College started the process of filling up of the post in question by making appointment on ad hoc basis and accordingly an advertisement was published. In pursuance of the said advertisement, the petitioner who belongs to Scheduled Caste, was appointed on the post of Lecturer in Geography on 27.7.2009 (Annexure No. 3) in the college. The Management of the College sent information with respect to appointment of the petitioner to the 'D.I.O.S.') vide letter dated 19.8.2009 (Annexure No. 4). However, when the D.I.O.S. did not accord approval of appointment of the petitioner, he preferred Writ Petition No. 7601 (SS) of 2010 before this Court in which vide interim order dated 1.11.2010, this Court directed the opposite parties to make regular payment of salary to the petitioner forthwith and it was made clear that the appointment of the petitioner shall come to an end as soon as the regularly selected candidate comes in pursuance of the requisition by the U. P. Secondary Education Service Selection Board, Allahabad (hereinafter referred to as 'Board'. In pursuance to the interim order dated 1.11.2010, petitioner is discharging his duties in the college on the post of Lecturer in Geography.

Further submission of learned counsel for petitioner is that the Board published a select list for appointment on various posts in different colleges including the post of Lecturer in Geography in the College vide impugned Memorandum dated 11.6.2012 (Annexure No..7) in which name of opposite party no. 6 who belongs to General Category, is mentioned at serial no. 3. In pursuance of the said Memorandum, the D.I.O.S. issued a letter dated 30.7.2012 to the Manager of the College to ensure the appointment of opposite party no. 6 on the post of Lecturer in Geography ignoring the fact that opposite party no. 6 belongs to General Class Category whereas the post in question is reserved for Schedule Case category.

Grievance of the petitioner is that against the post reserved for Scheduled Caste Category, no candidate belonging to General Caste category can be appointed.

Sri H. S. Jain, learned counsel for opposite party no. 3 submits that as fi

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