D.S. Sinha, J. - (1.) Heard Sri B.D. Mandhyan, learned counsel for the petitioner and Sri Saral Srivastava, holding brief of Sri A.K. Yog, learned counsel appearing for Govardhan Singh, the contesting respondent No. 4.
(2.) By means of this petition, under Article 226 of the Constitution of India, the petitioner prays for the following four reliefs : (i) issuance of a writ, order or direction in the nature of certiorari quashing the order dated 8th December, 1989, a copy whereof is Annexure-3 to the petition ; (ii) issuance of a writ, order or direction in the nature of mandamus directing the District Inspector of Schools, Bulandshahr to refrain from paying salary to the contesting respondent No. 4 ; (iii) issuance of a writ, order or direction in the nature of mandamus commanding the Deputy Director of Education, Meerut Region, Meerut, District Inspector of Schools, Bulandshahr and the Administrator, Public Inter College, Siana, District Bulandshahr, the respondents No. 1, 2 and 3, respectively, to fill up the post of Clerk falling vacant on the promotion of Sri Om Prakash Tyagi by appointing a Scheduled Caste candidate after quashing the appointment of the contesting respondent No. 4 ; and (iv) issuance of a writ, order or direction in the nature of mandamus directing the respondents No. 1 and 2 to dispose of the representations dated 27th July, 1988 and 9th December, 1989, copies whereof are Annexures-2 and 4 to the writ petition respectively.
(3.) Admitted facts are these. One post of Clerk in Public Inter College, Siana, District Bulandshahr fell vacant upon the promotion of the incumbent Sri Om Prakash Tyagi. The vacancy was advertised on 18th May, 1988. Alongwith other candidates, the petitioner also applied. An interview letter dated 11th July, 1988, a copy whereof is Annexure-1 to the petition, was issued to the petitioner requiring him to appear for interview before the selection committee on 20th July, 1988. The petitioner faced the selection and was rejected. The contesting respondent No. 4 was selected at the said selection for the post in question. Accordingly, he was appointed on the post on 22nd July, 1938. The contesting respondent No. 4, indisputably, joined the post and working. According to the averments made in the writ petition, the petitioner made a representation to the District Magistrate on 27th July, 1988 asserting that for the post in question a candidate belonging to Scheduled Caste ought to have been selected and praying for his appointment in the post after cancellation of the selection. In the alternative, he prayed that the post may be given to any Scheduled Caste candidate, copies of this representation were forwarded to the District Inspector of Schools, Bulandshahr, District Judge, Bulandshahr, Deputy Director of education, Circle-I, Meerut, Chief Minister, Uttar Pradesh Government, Lucknow, Sri Rajiv Gandhi, the then Prime Minister of India, New Delhi and the Education Minister of the State of Uttar Pradesh. In the meantime the respondent No. 2 passed the impugned order dated 8th December, 1989 directing the Administrator of the College to prepare the bill of the arrears of the salary of the contesting respondent No. 4 and send the same to his office. After a slumber of an interminable period of more than one and half year the petitioner woke up to make representation dated 9th December, 1989 to the District Inspector of Schools, Bulandshahr calling upon him to appoint him on the post in question. After a lapse of only five days, i.e. on 14th December, 1989, the petitioner r ed to this Court by means of the instant petition and was successful in jetting an interim order prohibiting the payment of salary to the respondent No. 4.;