- (1.) THIS special appeal arises out of a judgment and order of the learned Single Judge dated 6 September 2014 passed in a writ petition (Writ -A No. 48702 of 2010, Pawan Kumar Sharma v. State of U.P. and others.) filed by the sixth respondent. The learned Single Judge has allowed the writ petition of the sixth respondent and set aside the order of the District Inspector of Schools dated 9 March 2009, whereby the District Inspector of Schools had approved the promotion of the appellant to a Class -III post.
(2.) THE appellant and the sixth respondent are Class -IV employees in a recognised Intermediate College, namely, J.P. Janta Inter College, Bulandshahar (the institution). The sixth respondent claimed his promotion on the post of Assistant Clerk in the institution under a 50% promotional quota. The Management of the institution resolved to promote the appellant, Vinod Kumar, against the said post of Assistant Clerk. The sixth respondent preferred a writ petition (Civil Misc. Writ Petition No. 5199 of 2009, Pawan Kumar Sharma v. State of U.P. and others) for a direction upon the District Inspector of Schools to consider his claim for promotion. The said writ petition was disposed of on 31 January 2009 with a direction to the District Inspector of Schools to consider the claim of the sixth respondent. The District Inspector of Schools by his order dated 9 March 2009 considered the claim of the sixth respondent and approved the promotion of the appellant on the post of the Assistant Clerk on the ground that against three sanctioned posts of Assistant Clerk in the institution, no candidate belonging to Scheduled Caste category is working.
(3.) AGGRIEVED by the order of the District Inspector of Schools dated 9 March 2009, the sixth respondent filed the writ petition which has been allowed by the learned Single Judge by an order dated 6 September 2014, which is impugned in this special appeal. The learned Single Judge has set aside the order of the District Inspector of Schools on the ground that in the institution there are only three sanctioned posts of Assistant Clerk, therefore, no post can be reserved in view of the law laid down by a Full Bench of this Court in Heera Lal v. State of U.P. and others, 2010 6 ADJ 1. The submission, which has been urged by the learned Senior Counsel appearing on behalf of the appellant, is that the view taken by the learned Single Judge that no post can be reserved if there are only three posts, would result in a situation in which no clerical post would ever be reserved in the institution despite the mandate of the U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994.;