AKHILESH SINGH Vs. STATE OF UP

JUDGEMENT

(1.) AKHILESH Singh, has approached this Court questioning the validity of the order dated 8/9/2010 passed by Regional Joint Director of Education Azamgarh Region Azamgarh wherein in reference Ganga Ram directive have been issued to take promotional exercise by treating the post in question as reserved category post.

(2.) IN the district of Azamgarh, there is recognized institution known as Gandhi INter College, Kuba. Said institution in question is governed by U.P. Act No. II of 1921 and the institution being in grant-in-aid list, provision of U.P. Act No. 24 of 1971 is also application to the said institution. IN the institution concerned one Anand Prakash Singh who was working against supernumerary post was sought to be absorbed against vacancy meant to be filled up by way of promotion. At this juncture Mahadeo Prasad Yadav preferred Writ Petition No. 44377 of 2003 for quashing of the said order dated 6.9.2003 and passed order to fill up the said vacancy by way of promotion from amongst eligible candidate of Class IV employee and in reference of Anand Prakash Singh it was mentioned that he shall continue to function in the institution against supernumerary post and thereafter it appears that again against the post subsequently fallen vacant for the post of Assistant Clerk again attempt was made to fill up the said post by way of absorption of incumbent who has been working against supernumerary posts on compassionate basis. At this juncture Ganga Ram preferred Civil Misc. Writ Petition No. 17042 of 2010 and this Court on 31/3/2010 asked Regional Joint Director of Education to decide the matter. Regional Joint Director of Education thereafter has proceeded to pass an order and therein has concluded that there are four posts of Assistant Clerk and in such a situation in this background post which has fallen vacant on 28/2/2009 qua the same claim of Ganga Ram be considered treating the post as reserved for Scheduled caste category. At this juncture present writ petition in question has been filed.

(3.) AFTER respective arguments have been advanced factual position which is emerging in the present case that there are total four posts of Assistant Clerk in the institution which is inclusive of the post of Head Clerk also. Once there are total four posts, then as per Full Bench judgment of this Court in the case of Heera Lal v/s. State of U.P. and others, 2010(6) ADJ 1 (FB) provisions of UP. Act No. 4 of 1994 are not at all applicable, as such view which has been taken by Regional Joint Director of Education by reserving the said post to be filled up by way of promotion in favour of Scheduled caste candidate thus cannot be subscribed by any means.