- (1.) Heard learned counsel for the parties.
(2.) The Committee of Management has been resisting since August 2012 the joining of Km. Babli Devi (respondent no.6) as Lecturer in English a duly selected candidate by the U.P. Secondary Education Services Selection Board. According to the learned counsel for the petitioner there are three posts of Lecturer in English in the institution. On the first one Awadhesh Yadav is working since 1991, on the second post Km. Poonam was working pursuant to the order dated 20.04.2005 of the District Inspector of Schools, who is also a selected candidate from the U.P. Secondary Education Services Selection Board. On the third post one Shrawan Kumar is working pursuant to the order dated 23.12.2010 of the District Inspector of Schools. Shrawan Kumar is said to be belonging to Schedule Caste. It is also admitted case that Km. Poonam has since been transferred to another institution pursuant to the order of the Additional Director of Education (Secondary) dated 31.05.2013 and she has been relieved from the petitioner institution on 31.07.2013 as such at present there is a vacancy of the post of Lecturer (English) in the institution in question.
(3.) The argument advanced on behalf of the petitioner is firstly that as no request has been sent for any post of Lecturer (English) the impugned order passed by the District Inspector of Schools forcing the petitioner College to permit joining of respondent no.6 is unwarranted. Second argument is to the effect that quota of Scheduled Caste as per reservation law is fully satisfied and therefore also Km. Babli Devi (respondent no.6) who belongs to Scheduled Caste cannot be thrust upon the petitioner College as it is the responsibility of the Committee of Management of the institution to ensure that reservation law is strictly applied to in the institution.;