B.L. Yadav, J. - (1.) BY the present petition under Article 226 of the Constitution of India the order dated 27.1.90 passed by respondent No. 3 is sought to be quashed by issuing a writ of Certiorari. One Sri Indra Pal Singh Malik in L.T. Grade was promoted to Lecturer's grade. Hence a short term vacancy in L.T. Grade was to be filled up. But the petitioner was not approved nor any communication was received. In respect of the communication dated 28.11.89 no reply was received from the District Inspector of Schools as required by clause 2(3)(iii) of the U.P. Secondary Education Service Commission (Removal of Difficulties Second Order), 1981. Consequently it was not possible to retain the petitioner in service. The petitioner has, therefore, prayed for a writ of certiorari quashing the impugned order dated 27th January, 1990.
(2.) FOR the short term vacancy in L.T. Grade on account of promotion of Indra Pal Singh Malik applications were invited. In view of the advertisement contained in Annexure -2 no candidates belonging the reserved category applied for the post as stated in para. 16 & 28 of the writ petition, Para. 16 of the writ petition has been replied in para. 13 of the counter affidavit filed on behalf of the State. Learned Counsel for the petitioner urged that in view of clause (2)(2)(iii) of the Removal of Difficulties Order 1981 once the management has communicated the decision for approval to the District Inspector of Schools, he shall communicate his decision within 7 days, otherwise he shall be deemed to have given his approval. Reliance was placed on Sukhnandan v. D.I.O.S. : 1991 (17) A.L.R. 185. Learned Standing counsel, however, on the other hand, urged in support of the impugned order and urged that as it was a vacancy to be filled by reserved category and as the petitioner was not teacher of reserved category, he cannot be appointed and the impugned order was correct.
(3.) AS the vacancy was only short term vacancy and the regular appointment was to be made in view of the provisions of U.P. Secondary Education Service Commission Act, the applications may be invited from the teachers of reserved category and the vacancy may be filled up by the candidate from the reserved category. But as the vacancy was short term vacancy and in view of the report of the Committee of Management no person from scheduled category applied for appointment. Consequently on account of non -application of scheduled caste other reserved category candidate the rights of the petitioner cannot be affected. As under the impugned order the Communication was made on 8.11.1989 for approval of the District Inspector of Schools. Consequently he must have communicated his decision within 7 days.;