- (1.) Heard Sri Rajesh Kumar Singh, learned counsel for the petitioner and learned standing counsel for respondents no.1 to 3.
(2.) In para 19 of the writ petition it has been stated that in the college in question i.e. Raja Harpal Singh Post Graduate College, Singramau, Jaunpur there were 21 sanctioned posts of Routine Grade Clerk (RGC) out of which not a single RGC belonging to other backward class (OBC) was there. Considering this aspect a post of R.G.C. was advertised by the management and it was shown to the reserved for O.B.C. The petitioner was selected to be appointed for the said post. Selection of the petitioner was disapproved by Regional Higher Education Officer Varanasi respondent No.3 on 29.10.2007 which order has been challenged through this writ petition. The selection was disapproved/refused to be approved on the ground that S.C. quota had not been filled up first. On inquiry from Court learned counsel for the petitioner states that till then even no Scheduled caste RGC was there in the college in question.
(3.) Learned counsel for the petitioner is unable to give any reason as to why the post was not filled up by Scheduled Caste candidates. Learned counsel for the petitioner stated that it might be due to the roster, however, firstly, roster has not been shown, secondly, if out of 21 sanctioned posts there is neither a single Scheduled caste nor O.B.C. employee then the newly created post or post becoming available due to retirement etc. is to be first filled up by Scheduled Caste candidates. Learned counsel for the petitioner states that subsequently two Scheduled castes were appointed and one O.B.C. has also been appointed. Unfortunately, in the said selection process petitioner did not participate.;