AMAR PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD 'Sri V.S. Tripathi,' learned counsel for the petitioner as well as learned Standing Counsel.

(2.) THROUGH the instant writ petition, the 'petitioner has' challenged the order dated 23.12.1999, whereby approval of the petitioner's appointment has been turned down by the District Inspector of Schools, Raebareli for the reason that the post in question belongs to the Schedule Caste category and further there is a ban on such appointment except the appointment under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1975.

(3.) LEARNED counsel for the petitioner drew the attention of this Court towards letter dated 5th of January, 2000 of the Principal of the College sent to the D.I.O.S., Raebareli in which he has narrated position of the vacancies. Letter speaks that total 14 posts of Class IV are sanctioned in the College in question, out of which five persons had been working as General Category, six in O.B.C. category and two Scheduled Caste Category. Accordingly he stated that only one post was vacant on 1.9.1999. As per reservation rules, he clarified that against the total sanctioned posts i.e. 14, seven posts come under General Category, whereas only six employees had been working at that time. Accordingly he submitted that the vacant post belongs to the General Category.