B. Amit Sthalekar, J. - (1.) THE petitioners who are the Principal and Class IV employee have filed writ petition challenging the order dated 2.6.2008 whereby the approval granted by the District Inspector of Schools in the matter of appointment of petitioner No. 2 has been cancelled. Subsequently, the petitioner No. 1, namely the Principal, Babu Dashrath Singh Inter College, Aurangabad, Kanpur Dehat was deleted from the array of the petitioners and, therefore, this writ petition is now only on behalf of sole petitioner Amit Tewari. There is an institution by the name of Babu Dashrath Singh Inter College Aurangabad, Kanpur Dehat (the institution). The institution is governed by the provisions of U.P. Intermediate Education Act, 1921 and also receives grant in aid. There are nine sanctioned posts in class IV in the institution. A vacancy arose on the retirement of one Radhey Shyam Tripathi, (peon) on 31.12.2007. As per the scheme of reservation under the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 out of nine sanctioned posts in class IV five posts are of the General Category, two posts are reserved for Scheduled Castes and two posts for Other Backward Class. In order to fill up the vacancy which occurred on 31.12.2007, the Principal of the institution sought approval from the District Inspector of Schools, Kanpur Dehat by his letter dated 16.1.2006. Thereafter, he sent reminder on 8.2.2008 and 10.4.2008. The District Inspector of Schools by his letter dated 16.4.2008 granted permission to the Principal to fill up one post arising on account of retirement of Sri. Radhey Shyam Tripathi. The post was stated to have been duly advertised. Selection was held and the petitioner was found to be the best candidate among others and appointment letter was issued on 13.5.2008 appointing the petitioner. In pursuance thereof the petitioner is also stated to have joined on 20.5.2008. However, on 2.6.2008 the impugned order was passed by the District Inspector of Schools whereby the approval granted for holding the selection has been cancelled on the ground that while computing the vacancy and applying reservation, the post of sweeper shall not be added in the list of sanctioned posts.
(2.) I have heard Sri. Arun Kumar, learned counsel appearing for the petitioner and learned Additional Chief Standing Counsel for the respondents. The contention of the learned counsel for the petitioner is that the post of sweeper was one among the nine duly sanctioned posts and it belonged to class IV post, therefore, post of sweeper cannot be excluded and the approval granted by the District Inspector of Schools on 16.4.2008 was absolutely correct and it is in pursuance thereof that the selection was held.
(3.) PER contra learned Additional Chief Standing Counsel submitted that in terms of GO. dated 5.6.1982, the post of sweeper had been excluded from class IV category for purposes of applying the principle of reservation. The GO. dated 5.6.1982 has been filed as Annexure No. 2 to the counter -affidavit.;