PREM PHOOL YADAV Vs. STATE OF U P

JUDGEMENT

(1.) EARLIER petitioner had filed writ petition No.33434 of 2008, wherein this Court had passed order directing the District Magistrate to consider the grievance raised by the petitioner. Pursuant to order passed by this Court, District Magistrate, Chandauli on 28.01.2009 has proceeded to decide the dispute by recording clear and categorical finding that the first post of Shikshamitra despite having been reserved for general female category candidate, was filled up from OBC female category candidate, which was in breach of reservation policy formulated in the matter of selection and appointment of Shikshamitra, as such the appointment in breach of policy was not subscribed, and the same has been cancelled. At this juncture present writ petition has been filed. Sri S.K. Dwivedi, learned counsel for the petitioner, contended with vehemence that the vacancy was advertised for Female OBC category candidate, wherein petitioner was selected and appointed and her appointment was even renewed from time to time, and the appointment could not have been cancelled as has been done in the present case, as such writ petition deserves to be allowed. Countering the said submission, learned Standing Counsel, on the other hand, contended that in the present case the Gram Panchayat in reference to the office of the Pradhan was reserved for general female category, but as OBC female candidate was elected as Pradhan, presumably, on that count the first post of Shikshamitra also was treated to be reserved for OBC female, and the same was filled up from OBC female candidate. Once it was found that the post of Shikshamitra was reserved for general female and it could not have been filled up from OBC female, the selection and appointment made on totally wrong premises has rightly been cancelled and this Court should not interfere. After respective arguments have been advanced, factual position which emerges in the present case is that in Gram Panchayat Prakashpur, there was a Primary School known as Prathmik Vidyalaya Alam Khatoonpur. The office of the Pradhan of the said Gram Pacnhayat was reserved for general female category candidate as per delimitation and at the point of time of election, the female candidates of OBC and SC/ST were also free to contest the said seat being general female seat and eventually in the election as held the Pradhan was elected from OBC female category candidate. In this background, presumption was drawn that the first post of Shikshamitra also stood reserved for OBC female category, and the same was filled up from OBC female candidate. Once, on admitted position, it was found that the first post of Shikshamitra was reserved for general female category candidate, then it could not have been filled up from OBC female irrespective of the fact that the office of the Pradhan was occupied by OBC female candidate. In this background the selection and appointment was made on totally wrong premises, and the same has rightly been cancelled. The view taken by the District Magistrate is rightful view and same warrants no interference. The appointment of the petitioner having been made in breach of reservation policy has rightly been cancelled. Consequently, writ petition fails the same is dismissed. However, respondents are directed to undertake fresh denovo selection for filling up the post of Shikshamitra.