- (1.) Heard Sri S.K. Anwar, learned counsel for the petitioner and learned Standing counsel for respondents. By this petition, the petitioner has challenged the orders dated 28.2.1996 and 1.3.1996, contained in Annexure-6 and 7 of the writ petition, whereby services of 12 Urdu Translator Cum Junior Clerks including the petitioner have been terminated on the ground that they have been posted on the post of Urdu Translator Cum Junior Clerks against the roster point reserved for the reserve category's candidates i.e. against the roster point of Scheduled Caste. In pursuance of order dated 28th February 1996 passed by Excise Commissioner, U.P. Allahabad individual order dated Ist March, 1996 has been passed communicating the petitioner that his services has been terminated by the Excise Commissioner, U.P. Allahabad vide order dated 28th/29th February, 1996.
(2.) Submission of learned counsel for the petitioner is that petitioner was duly selected in pursuance of advertisement dated 24.9.1994 against 78 vacancies of Urdu Translator Cum Junior Clerks advertised for District Shahjahanpur and after his due selection he was appointed on 1.4.1995 and since then he was working on the said post but subsequently the impugned orders referred above have been passed against him. The aforesaid advertisement was directed to be brought on record and learned Standing Counsel has brought the same on record alongwith supplementary counter affidavit sworn by Sri Jainendra Upadhyay posted as District Excise Officer, Shahjahanpur as Annexure-1 to the supplementary counter affidavit.
(3.) From a plain reading of the said advertisement it appears that although in the format published in the said advertisement it has been indicated that candidates are required to mention as to whether they belonged to unreserved category or reserved category of Backward class, Scheduled caste, Scheduled Tribes, Dependent of Freedom Fighters and other reserved categories like Physically Handicapped and Ex-serviceman and they were also required to file caste certificate alongwith said application but it has not been indicated any where either in the instructions contained in the said advertisement or format of application for the post in question that any of the advertised post is reserved either for Scheduled Caste, Scheduled Tribes, Backward Class or any other reserved category's candidates. In this view of the matter, it can not be said that the post upon which the petitioner had been appointed and posted on account of his selection was reserved for Scheduled Caste. Thus, the petitioner's appointment and posting can not be faulted with merely for the reason that he has been posted against any roster point ear-marked for the Scheduled Caste. Accordingly, his services could not be terminated on the said ground.;