BISHWAMBHAR LAL Vs. STATE OF U P

JUDGEMENT

(1.) M. Katju, J. This writ petition has been filed for a mandamus directing the respondents not to interfere with the petitioner's working as Lecturer in Physics in Marwar Inter College, Pilkhua, Ghaziabad and pay him salary regularly. The post of Lecturer was advertised on 13-7-1991 and the petitioner appeared before the selection committee and was given appointment letter on 11-8-1991 vide Annexure-3. However, although he joined on 13-8-1991 and started working since then as lecturer but he is not getting salary.

(2.) IN the counter-affidavit the stand taken is that the petitioner belongs to the backward caste but the post in question was reserved for a scheduled caste candidate and hence his appointment was not valid.

(3.) APART from that I have serious doubts that there can be any reserva tion on caste basis on the post of Lecturer in Physics. In my opinion there cannot be blanket reservation on all posts irrespective of the nature of func tions which have to be discharged on that post. Thus before, making any reservation the authorities must see the nature of functions which have to be discharged on the post and there cannot be a blanket reservation every where. For example, I have grave doubt whether reservation on caste basis can be made on the post of Pilot of an Aircraft, a Surgeon in a Hospital, or a teacher of Mathematics etc. However, I am not expressing any final opinion on this point as 1 have allowed the writ petition on the first point.