- (1.) S. P. Srivastava, J. The petitioner who claims to be entitled to the bene fits available to a person belonging to the category of Scheduled Castes, feels aggrieved by an order passed by the District Magistrate, whereunder rejecting the recommendation of the selection committee for the accelerated promotion of the petitioner on the post of 'registrar Kanoongo" granting him the bene fits of reservations, the select list was modified excluding his name. The petitioner has now approached this Court seeking redress praying for quashing of the said order.
(2.) I have heard Sri R. N. Singh, learned counsel for the petitioner and the learned Standing Counsel and carefully perused the record. It appears that the proceedings for filling up four vacancies in the posts of Registrar Kanoongo in accordance with the Uttar Pradesh Awar Rajasva Lipik (Registrar Kanoongo Aur Sahayak Registrar Kanoongo) Sewa Niyamawali, 1958 were initiated wherein a selection committee constitut ed by the appointing authority met on 22-12-1994 for considering the suitabi lity of the eligible persons from the next below grade and submitting its recommendations. The feeding cadre for the post of Registrar Kanoongo as contemplated in the rules is the next below cadre of permanent Assistant Registrar Kanoongo and the criteria for promotion provided for in the rules is seniority subject to the rejection of unfit. The selection committee iound Shri Khedan Ram, Sri Nath Singh, Fasi Ahmad and Mahendra Singh Yaday to be eligible and suitable for the promotion. However, taking into consideration the government orders relating to reservation, the selection committee held that two posts were to be filled up by promoting the persons belonging to the reserved categories. Accordingly, since one person Shri Khedan Ram out of the above four persons who had been found fit for the promotion fell within the category of Scheduled Castes, for the other post the name of Shri Deo Chand Ram, the petitioner who was placed far below in the seniority list was considered and after finding him fit for promotion, his name was recommended ignoring the fourth person who was Shri Mahendra Singh Yadav substituting the name of Shri Deo Chand Ram in his place. The aforesaid recommendations were submitted before the District Magistrate for approval. The District Magistrate came to the conclu sion that none of the four posts could be deemed to have been reserved for being filled up by promoting any person belonging to the reserved category. The District Magistrate further noticed that the petitioner had already taken the benefits of the reservation twice, one at the time of direct recruitment and the other as promotee Assistant Registrar Kanoongo and consequently he was not entitled under the law to any further benefits of reservation in the matter of promotion. The District Magistrate came to the conclusion that since the petitioner was not entitled to the benefits of reservation in the promotional post and being much junior, he could not be deemed to be eligible for promotion and could not even be considered for the same. Consequently, since the selection committee had already approved the name of Mahendra Singh Yadav for promotion but had excluded him to accommodate the petitioner who was much junior, only on the ground that the petitioner was entitled to the benefits of reservation, the District Magistrate amended the select list restoring the name of Mahendra Singh Yadav deleting the name of the petitioner.
(3.) LEARNED Counsel for the petitioner has urged that the petitioner who belonged to the category of Scheduled Caste was entitled to the benefits of reservation even in the matter relating to promotion and the mere fact that he had already availed of such benefits at the time of direct recruitment was of no consequence. It is urged that the petitioner could not be denied the right to get appointment on the promotional post specially when his case had been considered and approved by the selection committee extending the bene fits of reservation to him. The learned Counsel for the petitioner has further urged that under the provisions contained in U. P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Backward classes) Act, 1994, it was clearly stipu lated that if on the date of commencement of the said Act, reservation was in force under government orders relating to appointments to the posts to be filled by promotion such government orders were to continue to be effective till they were modified or revoked. On the strength of the aforesaid provision the learned Counsel urged that the respondent authority could not deny the benefits of reservation to the petitioner and consequently the recommendation of the selection committee did not require any interference.;