VINOD KUMAR Vs. DISTT INSPECTOR OF SCHOOL

JUDGEMENT

(1.) HEARD Sri Som Kartik, learned counsel for the petitioner and learned Standing Counsel appearing for the District Inspector of Schools.

(2.) UNDER challenge in the instant writ petition is an order passed by the District Inspector of Schools, Lucknow on 21.09.2002 (Annexure-7 to the writ petition) whereby approval for payment of salary to the petitioner, who was appointed against a Class-IV post in Sahai Singh Girls Inter College, Narahi, Lucknow (hereinafter referred to as the College), has been refused. Learned counsel for the petitioner submits that the reasons indicated in the impugned order refusing approval for payment of salary to the petitioner are not legally tenable and further that the petitioner having been duly appointed is entitled to be paid salary of the post as ever since his appointment he has been discharging his duties.

(3.) AS regards the first reason indicated by the District Inspector of Schools, it may be noticed that there are a total number of eight sanctioned posts in the college out of which five were being occupied from amongst the reserved category candidates belonging to Other Backward Classes and two were being occupied by the reserved category candidates belonging to Scheduled Caste. Thus, the sole vacancy which is the subject matter of the instant writ petition was filed in by appointing the petitioner by the Principal of the institution. In this undisputed position of vacancy and occupancy of the posts, it can safely be inferred that the vacancy in question could not have been reserved for any reserved category for the reason that in case the vacancy was allowed to be filled in from amongst the candidates belonging to either of the two reserved categories, the total reservation would have exceeded the reservation quota and hence the vacancy in question could not be filled in from amongst the reserved category candidates. Thus, in this view of the matter, the first reason indicated by the District Inspector of Schools in the impugned order falls to ground.