- (1.) There is an institution by the name of Janta Inter College, Kanta, District Chandauli (hereinafter referred to as 'the institution'). It is a recognised aided institution and is governed by the provisions contained in U.P. Intermediate Education Act, 1921, Rules and Regulations framed thereunder and The Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971. There are 6 sanctioned posts of Class IV employees in the institution. For the first time, reservation was applied to the aided institutions by a Government Order of 1978. Thereafter in 1994, U.P. Public Services (Reservation for SC, ST and OBC) Act, 1994 came into force. Prior to application of reservation, all the 6 posts in the Institution were filled up by 2 General Category, 2 Other Backward Category and 2 Scheduled Caste candidates. The details are as follows- Radhey Shyam (Other Backward Class), Dashmi Prasad (Scheduled Caste), Shri Ram Pandey (General), Gaja Prasad (Scheduled Caste), Abhinandan Prasad (Other Backward Class) and Ram Murti (General).
(2.) The reservation applicable was 27% (OBC), 21% (SC), 2% (ST) and 50% (General). Applying the aforesaid percentage of reservation, there would be only 1 post of Scheduled Caste Category. After the application of the reservation law the 1st vacancy of Class IV employee fell vacant on the retirement of Sri Ram Pandey (General) on 31.7.2005. The said vacancy was advertised as General Category post and one Shailesh Kumar Singh was selected and appointed and due approval was also accorded by the Educational Authorities. There is no dispute with regard to appointment of Shailesh Kumar Singh.
(3.) The next vacancy arose on the retirement of Radhey Shyam (OBC) on 31.7.2007. It appears that the then Principal of the institution sought permission to fill up the said post showing that there were already 3 OBC candidates working in the institution and therefore, this post may be filled up by a Scheduled Caste candidate. The Principal had actually misrepresented to the District Inspector of Schools by wrongly showing Gaja Prasad and Dashmi Prasad as OBC candidates in place of Scheduled Caste. The District Inspector of Schools vide letter dated 25.08.2007 granted permission to fill up the said vacancy caused by the retirement of Radhey Shyam by a Scheduled Caste candidate.;