- (1.) HEARD Sri P.N. Tripathi, learned counsel for petitioner and perused the record.
(2.) WRIT petition is directed against order dated 19th April, 2003, whereby petitioner's representation seeking approval of his appointment on the post of Assistant Clerk in Har Narain Inter College, Ganj Dundwara, District Etah. Petitioner's representation has been rejected by District Inspector of Schools, Etah.
(3.) IT is contended that there were only 4 posts, including that of Head Clerk, in the College, and therefore none of the post could have been reserved for Scheduled Caste/Scheduled Tribe candidate, for the reason that the none of the post could have been kept reserved that would have made reservation beyond maximum permissible limit. Out of four posts, one post of Head Clerk was to be filled up by way of 100% promotion and there remained three posts of Assistant Clerk. Out of them two posts were to be filled up by promotion and one by way of direct recruitment. Hence, none of the post could be kept reserved to SC/ST, in view of law laid down by Full Bench in the case of Heera Lal Vs. State of U.P. and Others, 2010 6 ADJ 1. It is further submitted that appointment of petitioner was made by Committee of Management of the College in Question after advertising the vacancy and holding interview. Petitioner is claiming appointment in view of order dated 03.05.1993, pursuant whereto he joined on the post of Assistant Clerk w.e.f. 04.05.1993. It is not in dispute that till then, documents were not forwarded to District Inspector of Schools, seeking approval under the statutory Rules. The documents were sent to District Inspector of Schools on 12.05.1993, i.e. subsequent to appointment. Therefore, the questions which arise of consideration in this matter are as follows: - (i) Whether any Class III post in the College could have been reserved for SC/ST, OBC or not (ii) Whether appointment of petitioner made vide order dated 03.05.1993 by Committee of Management was valid;