MAHESH CHANDRA TRIPATHI, J. - (1.) HEARD learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 and 2. Shri S.P. Rai appears for respondent no.3.
(2.) BY means of present writ petition, the petitioner has prayed for quashing the impugned order dated 1.12.2001 passed by the Regional Higher Education Officer, Varanasi -respondent no.2. He has further prayed for direction to respondents to pay his salary along with other teachers and staff of the institution from the date of appointment.
(3.) BRIEF facts giving rise to the writ petition are that one Shri Anil Kumar Sharma was working as Book Lifter in 'Mahatma Gandhi Sati Smarak Degree College, Garua Maksoodpur (in short the institution), District Ghazipur, affiliated to Veer Bahadur Singh Purvanchal University, Jaunpur. He was granted promotion on the post of Clerk, which was fallen vacant in the institution. On account of promotion of Shri Anil Kumar Sharma, a vacancy on the post of Book Lifter was caused in the institution. Thereafter, Shri Shiv Poojan Singh, who was working as Farras, was granted promotion as Book Lifter. The Principal of the institution sought permission from the Regional Higher Education Officer to fill up the vacancy. The permission was granted on 12.7.2001. The Principal of the institution advertised the said vacancy in Hindi newspaper "Rashtriya Sahara" on 14.7.2001 and a letter was also sent to the Employment Exchange, Ghazipur for sending names of the suitable candidates for being considered for the post of Farras. On 20.7.2001 the District Employment Officer, Ghazipur forwarded a list of 20 candidates. The petitioner applied in pursuance to the advertisement dated 14.7.2001. The selection was held on 29.7.2001, in which 11 candidates appeared including the petitioner. The Selection Committee found the petitioner to be the most suitable candidate and recommended for his appointment as Farras. The Principal of the institution forwarded all the relevant documents pertaining to the appointment of petitioner to the Regional Higher Education Officer on 30.7.2001 for approval. The Regional Higher Education Officer raised certain objections. The Principal submitted a detailed reply to the queries on 17.9.2001. Thereafter, no order was issued by the Regional Higher Education Officer despite expiry of more than one month. The Principal of the institution issued the appointment order in favour of the petitioner on 17.10.2001 with condition that the appointment of the petitioner is subject to the approval of the Regional Higher Education Officer. The petitioner joined his duties as Farras on 18.10.2001 and since then he is continuously working in the institution. By the impugned order dated 1.12.2001 the Regional Higher Education Officer, Varanasi disapproved the appointment of the petitioner on the ground that the roster with regard to reservation has not been followed, and the reservation quota has not been taken care of.;