- (1.) THE appellant, who was the original fifth respondent to the writ proceedings under Article 226 of the Constitution, is in appeal against the judgment and order of the learned Single Judge dated 5 September 2014.
(2.) THE issue in dispute related to the selection process which was carried out for appointment to the post of an Assistant Clerk in the Babu Dashrath Singh Inter College, Aurangabad, District Kanpur Dehat. The advertisement, which was issued by the Management, clearly stated that the post would be filled up from amongst the Scheduled Caste candidates. Admittedly, the appellant belongs to the open category. The appellant was selected. The selection of the appellant has been questioned by the first respondent on the ground that even if the post was not to be treated as a reserved post but as an open post, then and in that event, applications should have been invited from all open category candidates.
(3.) THE first respondent claims that he would have been eligible to apply having fulfilled the requirements of eligibility for the post, but was disabled to apply since it had been advertised only for the Scheduled Castes candidates. This contention has been accepted by the learned Single Judge. The learned Single Judge held that once the Management had advertised the post only for the Scheduled Caste candidates, that had deprived all the candidates of the general category from applying and if the appellant had on his own applied for the post though he belongs to the open category, such process would be unlawful because it effectively excluded all other candidates of the general category from applying for the post. Learned counsel appearing on behalf of the appellant has relied upon an earlier order of the learned Single Judge dated 31 January 2007. In that order, the learned Single Judge had dealt with the legality of an order passed by the District Inspector of Schools. It appears that out of three sanctioned posts, one post of Head Clerk had been filled in by promotion, whereas two posts of Assistant Clerk remained out of which, one was within the quota for direct recruitment and the other for promotion. The learned Single Judge, while disposing of the writ petition, observed that the petitioner along with other reserved category candidates, who are eligible, may apply afresh and in case, no reserved category candidate possessed of the prescribed minimum qualification is available, the claim of the general category candidates may be considered, if permissible in law. This would, in our view, furnish no justification for the appointment of the appellant when the advertisement, which was issued by the Management, specifically provided that only Scheduled Caste category candidates would be appointed.;