MAHEEP NARAIN TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Sunil Kumar Srivastava, Advocate, holding brief of Siddharth Khare, learned counsel for the petitioner and perused the record.

(2.) THE promotion of respondent no.5 on Class III post from class IV in Town Intermediate College, Mohammadabad, District Mau has been challenged on the ground that there are only three posts in Class III, one is Head Clerk and two Assistant Clerks. The post of Head Clerk is liable to be filled in by promotion to the extent of 100% and the post of Assistant Clerk being two, no question of reservation arise since quota is 21% and in case one of two posts is reserved for Scheduled Caste, it will make reservation 50% or 100%, which is illegal and unconstitutional.

(3.) THIS aspect has been considered in detail in several cases. Referring to an earlier Division Bench Judgment of this Court in Smt. Pholpati Devi Vs. Smt. Asha Jaiswal and others, 2009 2 ADJ 90, in Nem Singh Vs. State of U.P. and others,2009 5 ESC 3550, this Court considered a similar question and in para 8, 9, 10, 11 and 13 held as under: