- (1.) By means of impugned order dated 17.9.2001 passed by the District Basic Education Officer, Muzaffarnagar the Petitioners have been terminated from the post on which the Petitioners were working.
(2.) It appears that Durga Mandir Kanya Junior High School, Kutesara ( Muzaffar Nagar) is a recognized and aided Junior High School and is governed by the provisions of the UP. Basic Education Act, 1972. The terms and conditions of teaching and other staff are government by rules framed thereunder and the salary is being paid under Junior High School (Payment of salary to teachers and other employees) Act, 1978. The school concerned has five teaching staff i.e.four Assistant teachers and one Head Mistress. There are two posts already occupied by Smt. Sudha Verma and Smt. Pushpa Sharma. Smt. Pushpa Sharma belongs to the general category while Smt. Sudha Verma belongs to OBC category.
(3.) The District Basic Education Officer approved vide order dated 14.2.2001 the selection of candidates in the school, pursuant thereto posts were advertised and selection was made. After obtaining prior approval from the District Basic Education Officer the appointment letters were issued on 30.5.2001. Thereafter for the reasons best known to the District Basic Education Officer, Muzaffar Nagar he has referred the matter to higher authorities for grant of sanction of payment of salary to the Petitioners. The authorities found that there is no Scheduled Caste candidate in the institution concerned and therefore query was made from the management which was replied on 30.8.2001. Thereafter the District Basic Education Officer passed order dated 17.9.2001 revoking the order of approval of the Petitioners' selection, as a result thereof the order of termination was passed by the manager on 27.9.2001. The two orders dated 17.9.2001 and 27.9.2001 are impunged in this writ petition It is contended on behalf of the learned Counsel for the Petitioners that there were only four posts of Assistant Teachers in the institution. Under The Uttar Pradesh Public Services (Reservation For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (herinafter referred as '1994 Act') there exists 21% reservation in favour of Scheduled Caste. Against four posts of Assistant Teachers if a single post is reserved, it would exceed the maximum extent of reservation prescribed in the institute and hence it is illegal. It is contended that it violates the law as laid down by this Court in R.S. Garg v. State of U.P. and Ors., 2006 6 SCC 430.;