POONAM KHARE Vs. STATE OF U P

JUDGEMENT

(1.) Advertisement No. 29 of 2000 issued by the U. P. Higher Secondary Education Service Commission, Allahabad, in so far as it pertains to the post of Lecturer in Geology in P.P.N. College, Kanpur, is sought to be quashed by means of this petition under Article 226 of the Constitution of India. The petitioner who is working in the college as an Anshkalik teacher appointed as such by the management with the approval of the Director, Higher Education Service Commission in view of the provisions contained in Government Order No. 467 (1) Sattar-2-98-3(9)/93 T.C. dated 7.4.1998, claims that she is eligible and fully qualified for being appointed as Lecturer Geology but stands precluded from applying to the post in question because of the reason that it has been illegally reserved for Scheduled Caste candidate.

(2.) It has been submitted by Sri Ashok Khare, senior advocate appearing for the petitioner that the sole vacancy in the post of Lecturer in Geology mentioned in the impugned advertisement pertains to the P.P.N. College, Kanpur, wherein there are only two sanctioned posts of Lecturer in the concerned discipline which cannot be subjected to reservation and roster provided in the U. P. Public Services (Reservation for Scheduled Caste, Scheduled Tribe and Other Backward Classes) Act, 1994 (hereinafter referred to as the U. P. Act No. 4 of 1994) for in order to apply the reservation and roster provided under the Act, there must exist at least five vacancies in the particular discipline/subject. Reliance has been placed on Government Order No. 780/15-10-95(18)/94 Shiksha Anubhag-10, Lucknow, dated March 6, 1995 (Annexure-14 to the writ petition).

(3.) The submission, in our opinion, is based on misconstruction of the Government Order aforestated which was issued in answer to queries made by certain Universities as to whether reservation as provided in U. P. Act No. 4 of 1994 would apply to a single post and if not, what should be the minimum number of posts in a given service in order to attract reservation as provided under the U. P. Act No. 4 of 1994. The Government Order aforestated reads thus : ..(Vernacular Text Deleted)..