(1.) PETITIONER is Safai Daroga, working in Nagar Panchayat, Kymore. By this writ petition filed under Articles 226 and 227 of the Constitution of India, he prays for quashing of the order dated 5-8-1999 (Annexure P-8) whereby while sanctioning one post of Sanitary Inspector it has been directed that the same shall be reserved for the members of the Scheduled Caste. Further prayer made by the petitioner is to quash the communication dated 21-1-1999 (Annexure P-15) in which respondent No. 2 has communicated to respondent No. 3 that the post of Sanitary Inspector be filled by the members of the Scheduled Caste,
(2.) IN spite of service of notice on respondents 1 and 2, although Shri Ajay Raizada appears on their behalf, but no return has been filed. Return has been filed on behalf of respondent No. 3.
(3.) IT is the stand of the petitioner that the post of Sanitary Inspector being single post, cannot be reserved for the members of the Scheduled Caste. Assertion made by the petitioner that there is only one post of Sanitary Inspector has not been denied in the return filed by respondent No. 3. No return has been filed by respondents 1 and 2, hence assertion made by the petitioner that there is single post of Sanitary Inspector in Nagar Panchayat has to be accepted.