Devi Prasad Singh, J. - (1.) THE present writ petition under Article 226 of Constitution of India has been preferred against the impugned order rejecting the representation of one Shri Ishwar Dev Singh Yadav holding that out of two posts of Executive Engineer one may be filled up from the Scheduled Caste candidates by applying roaster. The appointment/promotion made vide an order dated 11.06.2001 of the respondent No. 3 applying roaster -cum -reservation under the Scheduled Caste category has been impugned through amendment is discussed hereafter.
(2.) THE petitioner who is an Assistant Engineer in a department of U.P. Town and Country Planning working since 01.02.1992, claimed promotion to the post of the Executive Engineer. His service condition is governed by the U.P. Town and Country Planning Service Rules, 1987 (For Short 'Rules'). The seniority list of the post of cadre of Assistant Engineer was circulated by the department by an order dated 09.05.1995. In the seniority list one Ajai Mishra was at Serial No. 1 who according to the petitioner has been promoted on the post of Associated Planner being qualified for the same. One Ishwar Dev Singh Yadav is at serial No. 2 and the petitioner is at serial No. 3 and respondent No. 3 Ashok Kumar is at serial No. 6. So far as the placement in the seniority list is concerned, the respondent's counsel does not raise any dispute. After retirement of one regular incumbent Shri Ravindra Singh from the office of the Executive Engineer on 01.01.2001, a regular vacancy had arisen. According to the Rules there are two sanctioned posts of Executive Engineers and the respondents out of two sanctioned posts proceeded to fill up one post from the reserved candidate.
(3.) FEELING aggrieved with the steps taken by the respondents, the petitioner as well as Ishwar Dev Singh Yadav and others have submitted representation dated 25.10.2001. Submission is that one post out of two sanctioned posts of the Executive Engineers cannot be reserved against 21% quota meant for Scheduled Caste candidates. Some other persons have also submitted identical representation as submitted by Ishwar Dev Singh Yadav. The writ petition filed by Ishwar Dev Singh Yadav registered as Writ Petition No. 450(S/B) of 2001 was decided vide judgment and order dated 11.04.2001 directing the respondents/State Government to decide his representation with regard to the controversy in question. However, the writ petition filed by the petitioner registered as Writ Petition No. 591 (S/B) of 2001, was dismissed as pre -mature by this Court vide judgment and order dated 03.05.2001 with the observation that in case the petitioner is aggrieved by any action of the respondents with regard to the reservation policy, an appointment made thereon, can always be challenged.;