- (1.) The petitioner has preferred this writ petition for issuance of writ of certiorari to quash the order dated 27.5.2008 passed by the respondent No. 3, the District Inspector of Schools, Meerut as well as the resolution dated 15.5.2008 passed by the respondent No. 4, the Authorized Controller/Associate District Inspector of Schools, Jaswant Mills Higher Secondary School Maliyana, district Meerut. A brief reference of the factual aspect would suffice. Jaswant Mills Higher Secondary School, Maliyana, district Meerut is a recognised institution, which has been established and maintained by the Society registered under the provisions of the Societies Registration Act, 1860. The education is imparted upto intermediate level and it receives maintenance grant under the provisions of the U.P. High School and Intermediate Colleges (Payment of Salaries of the Teachers and other Employees) Act, 1971. The Institution, its teachers and employees are governed under the provisions of the Intermediate Education Act, 1921 and the regulations framed thereunder and U.P. Secondary Education Service Selection Board Act, 1982.
(2.) It is stated that one post of clerk fell substantively vacant as the permanent clerk Nem Singh reached his age of superannuation on 30.6.2007. It appears that the authorized controller is functioning in the institution and a resolution was taken on 5.7.2007 wherein the proposal was sent for the promotion of the petitioner on the post of clerk. Subsequently, another resolution was taken on 15.5.2008 wherein it was resolved that the respondent No. 7 who belongs to Schedule Caste category may be promoted on the same post. A copy of the said resolution is placed by the petitioner on record as Annexure-3 to the writ petition. In pursuance to the said resolution the DIOS vide order dated 27.5.2008 accorded his approval for promotion of the respondent No. 7 on the post of clerk. Aggrieved by the said order the petitioner has preferred this writ petition. Relevant, would it be to mention that the petitioner had earlier preferred a Writ Petition No. 12255 of 2008 before this Court for a direction upon the respondents to promote him on the post of Clerk. This fact is evident from the approval order of the DIOS wherein it is clearly stated that the approval of the respondent No. 7 for promotion on the post of clerk will be subject to the decision of the Writ Petition No. 12255 of 2008.
(3.) I have heard learned counsel for the petitioner Sri S.C. Srivastava and learned counsel for the respondent Sri Santosh Kumar Srivastava. Learned counsel for the petitioner submits that earlier resolution dated 5.7.2007 was not cancelled and as such the subsequent resolution dated 15.5.2008 is illegal. He further submits that the respondent No. 7 does not belong to Schedule Caste category and he belongs to 'Kori' category i.e. of OBC category. He has drawn the attention of the Court to the service record of the father of the respondent No. 7 who was also the clerk in the same institution. In the service record of the father of respondent No. 7 word 'Koli' is mentioned. Learned counsel for the petitioner stated that the 'Koli' belongs to OBC. He has also invited the attention of the Court to his earlier certificate wherein his caste is mentioned 'kori', however, subsequently he obtained a certificate from the Tehsildar on 8.4.2008 wherein the respondent No. 7 caste has been shown as 'Julaha Kori' (S.C.). The submission of learned counsel for the petitioner is that by the Government Order dated 10.7.1986 which provides that caste 'Kori' of the region Agra, Meerut and Rohilkhand is included under the category of OBC and they would not be treated as Schedule Caste candidate. On the basis of the said Government Order learned counsel for the petitioner has urged that the respondent No. 7 only in order to get the illegal promotion on the post of clerk has procured subsequent certificate and as such the resolution dated 15.5.2008 for promotion on the post of clerk is illegal.;