- (1.) By means of this writ petition the petitioner has challenged the order of the District Basic Education Officer, Mirzapur, the respondent no. 3, dated 09th May, 2003, insofar as it rejects the proposal of the Committee of Management for granting approval to the appointment of the petitioner as an Assistant Teacher.
(2.) Briefly stated, the facts are that Panchayati Raj Shikshan Sansthan, Junior High School, Jamalpur, District Mirzapur (for short, the "institution") is an institution recognised under the Uttar Pradesh Basic Education Act, 1972, wherein education is imparted upto the level of VIIIth standard. The institution does not receive aid out of the State fund. Affairs of the institution are managed by the respondent no. 4 i.e. Committee of Management. In the institution, one post of Head Master, four posts of Assistant Teachers, one post of Clerk and one post of Peon were advertised with the permission of the District Basic Education Officer dated 07th November, 2001. The advertisement was issued in daily newspapers "Janvarta" on 24th November, 2001. The copies of the order passed by the District Basic Education Officer granting permission and advertisement have been brought on record as Annexures-1 and 2 respectively to the writ petition. It is stated that pursuant to the said advertisement, the petitioner applied for the post of Assistant Teacher and having faced the duly constituted Selection Committee, the petitioner was found suitable for being appointed on the post of Assistant Teacher. Accordingly, all the papers were sent to the office of the District Basic Education Officer, Mirzapur for approval. However, by the impugned order dated 09th May, 2003, the District Basic Education Officer has turned down the proposal of the Committee of Management for according approval to the appointment of the petitioner on the post of Assistant Teacher on the ground that the said post falls within the reserved category as out of four posts one post ought to have been reserved for Scheduled Caste candidate and one post for Other Backward Classes candidate. Feeling aggrieved, the petitioner has filed this writ petition.
(3.) A counter affidavit has been filed on behalf of the respondent no. 3 i.e. District Basic Education Officer, Mirzapur, wherein the ground taken in the impugned order has been reiterated.;