GYANENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) ARUN Tandon, J. A post of Lecturer Physics in Chaudhary Chhotu Ram Inter College, Muzaffarnagar was requisitioned to the U. P. Secondary Education Services Selection Board, Allahabad vide requisition dated 28th February, 2003. The vacancy was earmarked for Other Backward Classes category in the requisition. The said vacancy was ultimately advertised under Advertisement No. 2/2004 in the said category. Petitioner, who belongs to the category of Other Backward Classes applied in pursuance to the advertisement. He was ultimately selected and empanelled for appointment as Lecturer Physics in the Chaudhary Chhotu Ram Inter College, Muzaffar Nagar.

(2.) THE District Inspector of Schools, Muzaffarnagar, on receipt of the select panel, forwarded a letter to the Secretary, U. P. Secondary Education Services Selection Board dated 21-4-2006 stating therein that one Sri Ramesh Chandra has already been appointed against the requisitioned vacancy of Lecturer Physics and therefore, there is no vacancy against which petitioner can be offered appointment and requested that he may be adjusted in some other institution. Against this order of the District Inspector of Schools present writ petition has been filed.

(3.) IT is further admitted on record that the vacancy on the post of Lecturer Physics reserved for Other Backward Classes in Chaudhary Chhotu Ram Inter College, Muzaffarnagar was not advertised up to the date adjustment had been directed by the U. P. Secondary Education Services Selection Board. Thus, it is an admitted position that adjustment has been directed against an unadvertised vacancy in favour of Sri Ramesh Chandra.