SUKHDEO Vs. STATE OF U P & OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel, learned counsel for the respondent Management and perused the record.

(2.) The present writ petition has been preferred with the prayer to issue writ of certiorari quashing the order dated 26.2.2001 passed by Regional Higher Education Officer, Kanpur Nagar, Respondent No. 3. With further prayer to issue writ of mandamus directing the respondents to grant approval on the post of Peon to the petitioner and allow him to join him on the said post.

(3.) Case of the petitioner is that after resignation of one Smt. Kishori belonging to general category, one post of class IV fell vacant on 18.9.1986. There was nine sanctioned post of class IV employees including one Sweeper. After resignation one person (Sweeper) was working under Scheduled Caste category, three persons under Other Backward Class category and four persons were under General category. One post of class IV was advertised in daily newspapers Dainik Jagran and Amar Ujala along with other posts. Petitioner was one of the candidates who applied for the post of Peon. Necessary documents were filed by him. Selection Committee recommended name of the petitioner and appointment letter was issued on 9.9.2000 by the Principal of the College and the petitioner joined on the said post. On the same day, the letter was sent by the Principal of the College for grant of approval of the petitioner's appointment. There was no communication regarding approval or refusal and several reminders were sent to grant approval. Thereafter on 26.2.2001, the Regional Higher Education Officer Kanpur Nagar without giving any opportunity of hearing, rejected the approval on the ground that except Sweeper, no Scheduled Caste candidate was working as Class IV which was required to be filled by the Scheduled Caste candidate by reservation and roster. Learned counsel for the petitioner submitted that the order was passed ex-parte without opportunity to explain facts. According to certificate issued by the institution, there are total nine sanctioned posts of class IV employees and five persons including the petitioner are working in General category, three persons in Other Backward Class category and one person in Scheduled Caste category (Sweeper) are working in the College. Hence, if there are nine posts then in view of the quota as well as roster, five posts are to be filled by General category candidate, one by Scheduled Caste and two by Other Backward Class. Hence, it appears that Other Backward Class category candidate was in excess.