Shishir Kumar, J. - (1.) The present writ petition has been filed for quashing the order-dated 28.2.1998 (Annexure 6 to the writ petition) passed by the respondent No. 2. Further issuing a writ in the nature of mandamus directing the respondents to appoint the petitioner on the basis of the judgment dated 12.9.1997.
(2.) The facts arising out of the writ petition are that in the year 1985, there were 175 vacancies in the posts of Assistant Grade III (Depot) in the U.P. Region in the Food Corporation of India. The posts of Assistant Grade III are in category III The Food Corporation of India has also framed regulations for the appointment to category III posts. A photocopy of the Regulations 9 and 10 as well as the relevant portion of Appendix-1 of the Staff Regulations 1971 has been annexed as Annexure 1 to the writ petition
(3.) It is clear from these regulations that normally procedure for appointment in category III is to call the names from the Employment Exchange and thereafter the appointments are made In the present case also the names were asked from the Employment Exchange situated in Uttar Pradesh to send the name of the candidates for filling up the posts by way of direct recruitment In the present case there were 175 vacancies of the aforesaid posts. Out of these posts, 87 were of general category and remaining posts were reserved for different categories. The petitioner applied for general category The petitioner was registered with the employment exchange in Bulandshahr The petitioner is a graduate and has minimum qualification for being appointed as Assistant Grade III (Depot) The name of the petitioner was sponsored by the Employment Exchange to be considered for the said post On 28.11.1985 the petitioner received a notice for appearance in the written examination. In pursuance of the aforesaid notice, the petitioner appeared in the written examination and he was qualified and called for interview The petitioner was interviewed on 9th July, 1986. To the Best knowledge of the petitioner, the petitioner's interview very well and he has all chances of success in the test and hoped to be appointed on the post of Assistant Grade III (Depot). All Shed Tallymen taken over from the Food Corporation Department have already been promoted to the Assistant Grade. The mode of recruitment for Assistant Grade III (Deport) is that 90% of the vacancies have to be filled upto by direct recruitment and 10% of the vacancies have to be filled up by the way of promotion. When the written test was held no person working in category IV with the Food Corporation of India appeared in the written test. The appointment by way of promotion from category IV to be done separately in the 10% quota.;