- (1.) HEARD Sri Rajeev Narayan Pandey, learned counsel for the petitioner and learned Standing Counsel for the State.
(2.) BY the order impugned dated 01.02.2007, the appointment of petitioner on the post of Assistant Clerk has been held to be illegal solely on the ground that the post in question should have been filled up by a candidate of reserved category.
(3.) THE moot point involved in this case is as to whether out of 3 posts of Assistant Clerk and Head Clerk, 1 post could be reserved for the Scheduled Castes as per the U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 (for short the Reservation Act of 1994) or not. Legal position on the point is well settled by?decision of the Supreme Court in the case of R.S.Garg vs. State of U.P. and others, 2006 6 SCC 430, Division Bench decision of this Court in the case of Dharm Pal Singh Chauhan vs. State of U.P. and others, 2008 LCD ) and subsequent Full Bench decision of this Court in the case of Heera Lal vs. State of U.P and others, 2010 3 UPLBEC 1761 that if the number of posts in a cadre is less than 5, then no post could be reserved.;