- (1.) ARUN Tandon, J. A post of Lecturer Physics in Chaudhary Chhotu Ram Inter College, Muzaffarnagar was requisitioned to the U. P. Secondary Education Services Selection Board, Allahabad vide requisition dated 28th February, 2003. The vacancy was earmarked for Other Backward Classes category in the requisition. The said vacancy was ultimately advertised under Advertisement No. 2/2004 in the said category. Petitioner, who belongs to the category of Other Backward Classes applied in pursuance to the advertisement. He was ultimately selected and empanelled for appointment as Lecturer Physics in the Chaudhary Chhotu Ram Inter College, Muzaffar Nagar.
(2.) THE District Inspector of Schools, Muzaffarnagar, on receipt of the select panel, forwarded a letter to the Secretary, U. P. Secondary Education Services Selection Board dated 21-4-2006 stating therein that one Sri Ramesh Chandra has already been appointed against the requisitioned vacancy of Lecturer Physics and therefore, there is no vacancy against which petitioner can be offered appointment and requested that he may be adjusted in some other institution. Against this order of the District Inspector of Schools present writ petition has been filed. This Court required the District Inspector of Schools, Muzaffar Nagar to remain present before this Court with all relevant records. The Secretary of the U. P. Secondary Education Services Selection Board was also directed to produce the records. The original records produced by the District Inspector of Schools as well as U. P. Secondary Education Services Selection Board have been examined by the Court today. A counter-affidavit has also been filed on behalf of Sri Ramesh Chandra (respondent No. 5 ). From the records it is apparent that Sri Ramesh Chandra (respondent No. 5) was selected in pursuance to the advertisement No. 2/2002 for the post of Lecturer Physics and was empanelled against the vacancy which was requisitioned for Hindu Inter College, Atarra, District Banda within the reserved category of Scheduled Caste. The said Ramesh Chandra, for the reasons best known to him, did not join the said institution, it is alleged that the institution refused to accept his joining. However, instead of pursuing the remedy against the institution concerned, Sri Ramesh Chandra manipulated the documents in connivance with the Principal of Chaudhary Chhotu Ram Inter College, District Inspector of Schools Muzaffarnagar as well as with the officers of U. P. Secondary Education Services Selection Board, which resulted in an order being passed by the Secretary, U. P. Secondary Education Services Selection Board dated 21-8-2003. Under this order Sri Ramesh Chandra has been directed to be adjusted/appointed against the vacancy on the post of Lecturer Physics in Chaudhary Chhotu Ram Inter College, Muzaffarnagar. In pursuance whereof the District Inspector of Schools, Muzaffarnagar issued a letter to the Manager of the institution, which was promptly accepted and appointment was offered to Sri Ramesh Chandra without raising any objection to the fact that the candidate now appointed was not with the category reserved for appointment for the post in question and as had been requisitioned.
(3.) IT is further admitted on record that the vacancy on the post of Lecturer Physics reserved for Other Backward Classes in Chaudhary Chhotu Ram Inter College, Muzaffarnagar was not advertised up to the date adjustment had been directed by the U. P. Secondary Education Services Selection Board. Thus, it is an admitted position that adjustment has been directed against an unadvertised vacancy in favour of Sri Ramesh Chandra. On being asked as to on what basis the U. P. Secondary Education Services Selection Board had issued the order directing adjustment of Ramesh Chandra against an unadvertised vacancy, and that to of a candidate non-belonging to requisitioned category, Counsel for the U. P. Secondary Education Services Selection Board refers to the letter dated 24-7-2003, which is said to have been forwarded by Sri Ramesh Chandra along with his application dated 19th July, 2003. The said document appears a stamp, which reads as follows:;