Sudhir Agarwal, J. - (1.) HEARD Sri K.A. Ansari, counsel for Petitioner, learned Standing Counsel on behalf of Respondents 1 and 3 and Sri Nisaruddin, holding brief of Sri A.R. Siddiqui, who has appeared on behalf of Respondent No. 5.
(2.) LEARNED Standing Counsel has filed counter affidavit but counsel for Respondent No. 5 stated that since issue involved in this case is pure legal, he does not propose to file any counter affidavit and matter may be decided on the basis of record and in any case, he rely counter affidavit filed by learned Standing Counsel. Writ Petition is directed against the order dated 14.6.2011 passed by Joint Director of Education, Moradabad holding that the Ministerial post vacant in Nehru Smarak Inter College, Rajabpur, J.P. Nagar has to be treated a reserved post for scheduled caste and has to be filled in by making promotion thereon. It is not in dispute that there are only three sanctioned posts of Class III, i.e. one of Head Clerk and two of Clerk. Under Regulation 2 (2), 50% of the post are to be filled in by promotion and one by direct recruitment. Learned Counsel for Petitioner contended that in case any post whether in promotion quota or direct recruitment is kept reserved for schedule caste or scheduled tribes or other backward class, it would exceed the prescribed maximum quota of reservation and, therefore, No. reservation in the facts and circumstances of the case can be applied. Joint Director of Education has proceeded wholly illegally and has not applied his mind to the relevant provisions of the Statute and also a Full Bench judgment of this Court in Hira Lal v. State of U.P. and Ors., 2010 (6) ADJ 1.
(3.) LEARNED Counsel appearing for Respondents tried to support the impugned order on the basis of reasons contained therein.;