- (1.) These two writ petitions pertain to the same post of clerk in Mathura Inter College Naharpur, Azamgarh. Facts in short giving rise to the present writ petition are as follows: Mathura Inter College Naharpur, Azamgarh is an institution aided and recognized under the provisions of the Intermediate Education Act. There are three sanctioned post of Class-III in the institution. At the relevant point of time three persons were working against the sanctioned posts, namely Mohd. Iqbal, Balbir Singh Yadav and Ramdev Bind. First two candidates were appointed by direct recruitment, while Sri Ramdev Bind was appointed by way of promotion. Sri Balbir Singh Yadav retired on 30.09.2000. The vacancy so caused fell within the 50% quota reserved for promotion in view of Regulation 2 of Chapter-III of the Regulations framed under the Intermediate Education Act read with note appended thereto. There was no candidate belonging to scheduled caste working on Class-III post.
(2.) Ram Dhani (petitioner in Writ Petition No. 13104 of 2003), who claims to be a member of scheduled caste, therefore, made an application requesting the management of the institution to fill the vacancy from a scheduled caste candidate and since no person belonging to scheduled caste was working in the institution on Class-IV post eligible for such promotion, it was further prayed that the post be filled by direct recruitment. Since this application of the Ram Dhani was not being considered and the committee was not advertising the vacancy for direct recruitment within the reserved category, Sri Ram Dhani filed Writ Petition No. 11629 of 2001. The writ petition was decided under the judgment dated 29th March, 2001 and the District Inspector of Schools was directed to consider the grievance of Sri Ram Dhani.
(3.) In the meantime it appears that the Committee of Management passed a resolution on 16th October, 2001 recommending the promotion of Sri Phool Chand Tiwari (petitioner in Writ Petition No. 36379 of 2003) who was working as a Class-IV employee in the institution and was possessed of all the essential qualifications for such promotion. The District Inspector of Schools by means of the order dated 08th May, 2002 approved the promotion of Sri Phool Chand Tiwari.;