VANDANA GANGWAR Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER before this Court seeks quashing of the order dated 24.11.2003 where under the papers transmitted qua regular promotion of the petitioner as Lecturer (History) have been returned after recording a finding that the vacancy is required to be filled from a Scheduled Caste category candidate. The petitioner not being a member of such category is not entitled for regular promotion against the same.

(2.) FACTS in short giving rise to the present writ petition are as follows: Raja Ram Manila Inter College, Badaun is an aided and recognized institution under the provisions of the Intermediate Education Act, 1921. The provisions of UP. Secondary Education Services Selection Board Act, 1982 (herein after referred to as the Act, 1982) and rules framed thereunder are fully applicable to the teachers of the said institution. As per the records made available to the Court, eight posts of Lecturer were created in the institution. One Shyama Devi Sharma who was working as Lecturer (History) in the institution expired on 15.6.1995 causing a vacancy on the post of Lecturer (History).

(3.) A Full Bench of this Court in the case of Heera Lal and others v. State of U.P and others, 2010(6) ADJ 1 (FB), has held that for reservation being provided in favour of Scheduled Caste category, there must be at least five posts in the cadre concerned. The Full Bench has further explained that where the vacancies are required to be filled by promotion as well as directed recruitment, such number of posts have to be individually determined for each source of recruitment.