- (1.) The Uttar Pradesh Secondary Education Services Selection Board ('Board') issued an advertisement for direct recruitment to the post of Head of Government aided private Inter Colleges and High Schools. The petitioner applied for the post of Principal for Gorakhpur Region. It has been averred that no date for interview has been fixed thus far.
(2.) The grievance of the petitioner is that in consequence of the provisions of Section 10 (1) of the U.P. Secondary Education Services Selection Board Act, 1982, no reservation has been provided in respect of the post of the Head of the Institution to candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes in accordance with the provisions of the U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994. The petitioner challenges the provisions of Section 10 (1) of the Act of 1982 as unconstitutional. In consequence, the petitioner seeks to challenge the advertisement of 2013 as well as an earlier advertisement of 2011 issued by the Board and seeks a mandamus for issuance of a fresh advertisement after providing for reservation.
(3.) Section 10 of the Act of 1982 reads as follows: "10. Procedure of selection by direct recruitment. - (1) For the purpose of making appointment of a teacher, by direct recruitment, the management shall determine the number of vacancies existing or likely to fall vacant during the year of recruitment and in the case of a post other than the post of Head of the Institution, also the number of vacancies to be reserved for the candidates belonging to the Scheduled Castes, the Scheduled Tribes and other Backward Classes of citizens in accordance with the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994, and notify the vacancies to the Board in such manner and through such officer or authority as may be prescribed. (2) The procedure of selection of candidates for direct recruitment to the post of teachers shall be such as may be prescribed: Provided that the Board shall, with a view to inviting talented persons, give wide publicity in the State to the vacancies notified under sub-section (1).";