KM ANJALI PIPLA Vs. STATE OF U P

JUDGEMENT

(1.) -

(2.) THE petitioner, Manoj Kumar Yadav, respondent No. 5 and Hira Lal, respondent No. 6 were selected for being appointed as lecturers in Biology and as per the select list prepared by the Selection Board, Sri Hira Lal was placed at serial No. 51, the petitioner was placed at serial No. 54 and Manoj Kumar Yadav was placed at serial No. 58. THE select list also showed that all the three candidates were recommended for being appointed in C.A.V. Inter College, Allahabad.

(3.) THE learned counsel for the petitioner submitted that the Committee of Management in its resolution dated 14.10.2003 and 1.11.2003 and subsequently by a letter dated 22.1.2005, had intimated the Selection Board that the post of Biology was required to be filled up by a candidate belonging to a Schedule Caste or Schedule Tribe category. THE petitioner is a Schedule Caste and that Hira Lal was also a Schedule Caste. Whereas, Hira Lal declined to accept the appointment, consequently, the petitioner being a Schedule Caste, and also placed at serial No. 54 of the select list, was liable to be given an appointment in the institution concerned. On the other hand, the respondents have illegally given an appointment to Manoj Kumar Yadav, who is an O.B.C. candidate and was also placed at serial No. 58 of the select list. THErefore, the appointment of respondent No. 5, Manoj Kumar Yadav was illegal and was liable to be quashed.