Vikram Nath, J. - (1.) Both the writ petitions have been filed by different persons challenging the same order of the District Inspector of Schools dated 16.01.2003, whereby selection of Bhola (petitioner in Writ Petition No. 4913 of 2003) on the post of Clerk has been denied approval and Santosh Kumar Mishra (petitioner in Writ Petition No. 5818 of 2003) has been directed to be absorbed in another institution as a Clerk. Santosh Kumar Mishra in his Writ Petition No. 5818 of 2003 has further challenged another order of the District Inspector of Schools of the same date 16.01.2003, whereby he has been given appointment in another Institution.
(2.) The controversy in the two writ petitions relates to appointment on the post of clerk in recognized and aided Intermediate Education Institution namely Tulsidas Inter College, Anei, district Varanasi. The parties are into litigation from 1996, It is not in dispute that there are total 4 posts of clerk in the institution, which includes one post of Head Clerk. On the death of Sri Brahmdev Mishra, the head clerk of the institution on 03.12.1994 the senior most clerk Sailendra Kumar Singh was promoted as head clerk and as a result a vacancy arose for the post of clerk. The other two posts of the clerk were occupied by Durga Prasad Singh and Shivdhari Singh. It is also not in dispute that all the clerks working in the institution were of unreserved category (general category). Initially the management appointed one Indra Bahadur Singh against the vacant post and forwarded the papers to the District Inspector of Schools for grant of financial approval. But' the same was disapproved on the ground that the vacant post should be filled up by reserved category candidates of Scheduled Castes;
(3.) Thereafter an advertisement was issued in newspaper dated 29.05.1996 inviting applications for filling the post of Assistant Clerk from Scheduled Caste candidates. The petitioner Bhola was selected for the said post on 10.07.1996 and the papers regarding selection were forwarded to the District Inspector of Schools for granting of financial approval. In the meantime the District Inspector of Schools vide order dated 12.07.1996 directed the manager of the Institution to give appointment to Santosh Kumar Mishra on compassionate basis (being son of deceased head clerk Brahma Dev Mishra).;