HEERA LAL Vs. STATE OF U P

JUDGEMENT

(1.) By the Court.-This reference has been made for an authoritative pronouncement on the issue of applying the rule of reservation for schedule caste candidates in aided educational institutions (High School & Intermediate) in promotion and direct recruitment against Class III posts (clerical grade) to the extent of 21 % provided for under the statute and the application of the roster through a mathematical calculation integrated with legal implications where the number of posts in a sanctioned cadre is less than five.

(2.) It entails an adjudication on the questions posed by one of us (Hon'ble A.P. Sahi, J.) vide order dated 7th October, 2009 passed in Heera Lal v. State of U.P. and others, 2009 (10) ADJ 654 Paras 9 to 12, quoted below:

(3.) The reference has to be answered in the context of the provisions contained in U.P. Act No. 4 of 1994 read with the Government Orders dealt with hereinafter and Chapter III of the Regulations framed under the U.P. Intermediate Education Act, 1921, in order to specify as to how and in what circumstances, the roster for implementing the rule of reservation has to be applied.