SUNITA AGARWAL, J. - (1.) HEARD Sri Manoj Mishra, learned counsel for the petitioner, Sri P.N. Tripathi, learned counsel for respondent no. 6, Sri A.K. Yadav, learned counsel for respondent nos. 1, 2, 3 and 4 and Sri R.K. Pandey, learned counsel for respondent no. 5.
(2.) THIS writ petition is directed against the order dated 19.12.2012 passed by the Joint Director of Education, Vindhyachal Division, Mirzapur and the directions given by the District Inspector of Schools, Sant Ravidas Nagar, Bhadohi dated 22.9.2012, the Additional District Magistrate (Finance and Revenue) dated 21.9.2012 and by the Deputy Secretary, U.P. Secondary Education Service Selection Board, Allahabad dated 14.9.2012 to ensure joining of respondent no. 6 Sri Padmakar Yadav in the institution -in -question.
(3.) BRIEF facts relevant to decide the controversy in hand are that petitioner no. 1 is a recognised Intermediate College governed by U.P. Intermediate Education Act, Rules and Regulations framed thereunder. Provisions of Payment of Salaries Act, 1971 and U.P. Act No. 5 of 1982 are also applicable to the teachers and other employees of the institution. Petitioner no. 2 is the Manager of the Intermediate College. There were 20 sanctioned posts of LT Grade teacher in the institution in question. Against 13 vacancies of LT Grade teacher, a requisition dated 1.2.2007 was sent by the manager to the District Inspector of Schools. Out of 13 vacancies, 10 vacancies of LT Grade teacher were existing whereas 3 were foreseen vacancies for the retirements due. Out of 10 posts, 4 posts in each subject namely Mathematics, Science, English and Art were reserved for Scheduled Caste category and 2 posts for Hindi and Science were reserved for other Backward Classes after the determination done by the management. In the meantime, 4 Assistant Teachers had joined the institution by attachment, as a result of which the reservation position in the institution was changed. As no selection was made by the Board pursuant to the requisition dated 1.2.2007 by that time, a requisition was again sent on 23.7.2009 for 10 posts out of 13 posts as 3 posts were already filled by attachment. Out of 10 posts, 4 posts for subjects English, Mathematics, Science and Biology were reserved for Scheduled Caste candidates and 2 posts for the subjects Art and English were reserved for other Backward Classes.;