SURENDRA PRASAD MAURYA Vs. STATE

JUDGEMENT

(1.) S.N. Balika Inter College, Mall Road, Kanpur Nagar is an institution duly recognised and aided under the provisions of U.P. Intermediate Education Act, 1921 and U.P. Act No. 24 of 1971 respectively. It is not in dispute that in the institution there are 7 sanctioned Class-III posts. In accordance with the Regulation 2 of Chapter III 50% of the posts are required to be filled by way of promotion from among eligible Class-IV employees. In the facts of the case the promotion quota would work out to four.

(2.) Full Bench of this Court in the case of Heera Lal vs. State of U.P. and others, 2010 3 UPLBEC 1761has held that for any reservation being provided in favour of the Scheduled Caste category, it is necessary that there should be at least 5 post in the particular cadre within the channel provided for recruitment. If the cadre is required to be filled by way of promotion and by direct recruitment both then for each channel of appointment there should be at least 5 post in the cadre for reservation to be applied.

(3.) At the very outset, it is recorded that there can be no reservation in favour of the Scheduled Caste category candidate against any vacancy falling within the quota for promotion to Class-III post in the institution in question as the number of post within the channel for promotion is four only.