- (1.) THIS writ petition is directed against the order of the District Inspector of Schools, Ghazipur (for short, "the DIOS") dated 24 September 2012, whereby the DIOS has rejected the selection of class -IV employee.
(2.) BRIEFLY stated the facts are that Jay Sadguru Deo Inter College, Ghazipur (for short, "the Institution") is a recognized and aided Institution. The provisions of the U.P. Intermediate Education Act, 1921 (U.P. Act No. II of 1921), the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (U.P. Act No. 24 of 1971) and the Regulations framed under the U.P. Act No. II of 1921 are applicable to the Institution.
(3.) A vacancy arose in the post of class -IV employee in the Institution. There are six sanctioned class -IV posts in the Institution. One of the posts fell vacant on account of retirement of Sri Dharmdeo Singh Yadav on 31.07.2005. The Principal of the Institution issued an advertisement dated 01 July 2007 for the selection of a class -IV employee. The said post was reserved for the Schedule Caste candidate. It appears that the Principal of the Institution re -advertised the same post on 11.10.2007 and he reserved this post for Schedule Caste candidates but the Schedule Tribes candidates were also allowed to make applications in pursuance of the said advertisement. The petitioner challenged the said advertisement by means of Writ Petition No. 55111 of 2007. He had earlier also filed a Writ Petition No. 20034 of 2007. Both the writ petitions were decided by this Court on 02 January 2012. The learned Single Judge found that the subsequent advertisement dated 11.10.2007 was illegal and it was set aside and a direction was issued that the post in question, which was earlier advertised for Schedule Caste candidates, selection should confine only to the candidates belonging to the Schedule Caste. This Court directed the Principal to send the papers to the office of the DIOS to consider the approval.;