Tarun Agarwala - (1.) -
(2.) THE petitioner, Manoj Kumar Yadav, respondent No. 5 and Hira Lal, respondent No. 6 were selected for being appointed as lecturers in Biology and as per the select list prepared by the Selection Board, Sri Hira Lal was placed at serial No. 51, the petitioner was placed at serial No. 54 and Manoj Kumar Yadav was placed at serial No. 58. THE select list also showed that all the three candidates were recommended for being appointed in C.A.V. Inter College, Allahabad. The petitioner contends that the Committee of Management, vide resolution dated 14.10.2003 and 1.11.2003 had notified the Selection Board that there were five vacant posts of lecturers which were required to be filled up by direct recruitment from the candidates belonging to the Schedule Caste/Schedule Tribes. It is alleged that based on the aforesaid letter, the Principal, vide letter dated 11.2.2005, again intimated the Board that a vacancy on the post of lecturer in Biology was required to be filled up by a Schedule Caste candidate. The petitioner alleges that the Board issued a letter dated 21.3.2005, in favour of Hira Lal for being appointed as a lecturer in Biology in the said institution. The District Inspector of Schools by an order dated 23.6.2005, declined to allow Hira Lal to join on the said post on the ground that a similar letter of appointment was issued in favour of Manoj Kumar Yadav, who had been permitted to join the said post. While all this was happening, the petitioner was also issued a letter dated 21.3.2005 from the Selection Board recommending her name for being appointed as a lecturer in Biology in C.A.V. Inter College, Allahabad. The District Inspector of Schools by a letter dated 11.7.2005 declined to appoint the petitioner in the institution and intimated the Board that there was no vacancy in the institution and requested the Board to adjust the petitioner in some other institution where a vacancy existed. Consequently, the petitioner filed the present writ petition for the quashing of the order dated 17.6.2005, by which the District Inspector of Schools had directed the Principal of C.A.V. Inter College, Allahabad, to issue an appointment letter in favour of Manoj Kumar Yadav, respondent No. 5. The petitioner has also prayed for the quashing of the order of the District Inspector of Schools dated 11.7.2005, by which he has declined to appoint the petitioner in the institution concerned and has further prayed that a direction be issued to the respondents to give an appointment to the petitioner on the post of lecturer in Biology in C.A.V. Inter College, Allahabad. Heard Sri Krishna Ji Khare, the learned counsel for the petitioner, standing counsel for the respondent Nos. 1 and 3, Sri A. K. Yadav, the learned counsel for the respondent No. 2 and Sri Ashok Khare, senior advocate assisted by Sri Narendra Kumar Chaturvedi for the respondent No. 5.
(3.) THE learned counsel for the petitioner submitted that the Committee of Management in its resolution dated 14.10.2003 and 1.11.2003 and subsequently by a letter dated 22.1.2005, had intimated the Selection Board that the post of Biology was required to be filled up by a candidate belonging to a Schedule Caste or Schedule Tribe category. THE petitioner is a Schedule Caste and that Hira Lal was also a Schedule Caste. Whereas, Hira Lal declined to accept the appointment, consequently, the petitioner being a Schedule Caste, and also placed at serial No. 54 of the select list, was liable to be given an appointment in the institution concerned. On the other hand, the respondents have illegally given an appointment to Manoj Kumar Yadav, who is an O.B.C. candidate and was also placed at serial No. 58 of the select list. THErefore, the appointment of respondent No. 5, Manoj Kumar Yadav was illegal and was liable to be quashed. The counter-affidavit of District Inspector of Schools, the Selection Board as well as the respondent No. 5 indicates that the intimation of the vacancies notified by the Principal was amended by the District Inspector of Schools on 11.2.2005 and the District Inspector of Schools had intimated the Selection Board vide letter dated 23.2.2005, that the post of lecturer in Biology was required to be filled up by an O.B.C. candidate. Based on the aforesaid fact, even though the Selection Board had recommended the name of three persons for being appointed on a single post of lecturer in Biology in the institution, the appointment of respondent No. 5, Manoj Kumar Yadav was perfectly justified and the District Inspector of Schools had rightly declined to forward the name of the petitioner for being appointed as a lecturer in Biology in that institution, since the said post was required to be filled up by an O.B.C. candidate.;