MITHILESH KUMAR RAI Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner is a Class -IV employee. He is aggrieved by the order of the Joint Director of Education, Varanasi Region, Varanasi, the respondent no. 2, dated 06th December, 2007, whereby the appointment of the petitioner has been cancelled on the ground of violation of the reservation policy.

(2.) THE essential facts are that Kisan Mazdoor Inter College, Ganpati Nagar, Dubiha Newada, District Ghazipur (for short, the "institution") is a recognised institution, wherein education is imparted upto the level of Intermediate. It receives aid out of the State fund and the provisions of the Intermediate Education Act, 1921 (U.P. Act No. II of 1921) (for short, the "Act, 1921") and the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 are applicable to the institution. The dispute relates to appointment on Class -IV posts. It is stated that one post of Class -IV employee fell vacant on account of retirement of a permanent employee, namely, Shiv Muni Ram on 30th November, 2006. The Principal of the institution vide his communication dated 04th June, 2007 sought the permission to fill up the said post which was accorded by the District Inspector of Schools on 06th June, 2007. Accordingly, an advertisement was published in two newspapers, namely, Dainik Aaj and Purvanchal Times on 16th June, 2007. It is stated that in pursuance of the said advertisement, several applications were received and after following the prescribed procedure, the selection was made. In the said selection, the petitioner was found suitable and accordingly, on 03rd August, 2007 the Principal of the institution sent the papers to the office of the District Inspector of Schools for approval. It is stated that the Accounts Officer in the office of the District Inspector of Schools accorded his financial approval to the appointment of the petitioner on 18th September, 2007. Consequently, an appointment letter was issued to the petitioner on 20th September, 2007. It is averred in the writ petition that the petitioner joined the post on 25th September, 2007. The District Inspector of Schools vide a communication dated 17th October, 2007 sought approval of the Joint Director of Education. The Joint Director of Education, however, by the impugned order dated 06th December, 2007 has declined to grant approval to the appointment of the petitioner on the ground that there are three sanctioned posts of Class -IV in the institution, against which at present two candidates of unreserved category and one candidate belonging to Other Backward Classes are working, thus, there is no candidate of the Scheduled Caste category on Class -IV post.

(3.) I have heard learned counsel for the petitioner and learned Standing Counsel.