RAVINDRA SINGH SRI DHARAM PAL SINGH Vs. REGIONAL HIGHER EDUCATION OFFICER AND PRINCIPAL ARYA KANYA PATHSHALA POST

JUDGEMENT

(1.) On the retirement of an employee, a vacancy occurred on a Class-IV post in a Post Graduate College, which is affiliated to Chaudhary Charan Singh University, Meerut. The Principal of the institution sought permission from the Regional Higher Education Officer, Meerut to fill up the vacancy. The authority by an order dated 5.12.2000 accorded approval to the college authority to fill up the post. It transpires that the college advertised the vacancies in two newspapers pursuant to which, 223 candidates appeared and the selection committee recommended the name of the petitioner. The college issued an appointment letter to the petitioner and also forwarded his papers to the Regional Higher Education Officer, Meerut, for grant of financial approval.

(2.) The Regional Higher Education Officer by its letter dated, 14.5.2001 directed the Principal to intimate as to whether the vacancy was filled up after applying the roster as required under the Uttar Pradesh Public Services [Reservation For Scheduled Castes, Scheduled Tribes And Other Backward Classes] Act, 1994 [hereinafter referred to as the Act of 1994]. Pursuant to the aforesaid direction, the Principal of the College vide letter dated 21/23.4.2001 and 27.6.2001 intimated the authority that there were 11 sanctioned Class-IV post in which four employees were Schedule Caste [SC], four employees belonged to Other Backward Class [ OBC] and two employees were from the General Category and, therefore, the application of the roster did not apply.

(3.) It transpires that based on the aforesaid information, the authority by its order dated 30.7.2001 refused to accord approval to the appointment of the petitioner on the ground that the roster was not applied. On the basis of the aforesaid order, the Principal terminated the services of the petitioner by an order dated 20.11.2001.