- (1.) Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare for the petitioners, Sri Sanjay Kumar Singh, learned counsel for the respondents no.3 and 4 and Sri Mata Prasad, learned Additional Chief Standing Counsel for the respondents no.1 and 2.
(2.) Petitioners are seeking quashing of the notice dated 26.2.2016 whereby their claim for appointment as Assistant Teacher (Science) has been rejected on the ground that the available vacancies belong to Scheduled Tribe category and since the petitioners belongs to Scheduled Caste category they cannot be adjusted against Scheduled Tribe vacancies.
(3.) The learned counsel has drawn the attention of the Court to the provisions of the Uttar Pradesh Public Services (Reservation For Scheduled Castes, Schedules Tribes And Other Backward Classes) Act, 1994 particularly to Section 3 Sub Clause (3) which provides that in case a Scheduled Caste or Scheduled Tribes candidate is not available then the vacancy reserved for him may be filled from amongst suitable candidates from Scheduled Castes or Scheduled Tribes, as the case may be and as soon as a vacancy earmarked in the losses arises that vacancy shall be given to the particular category whose vacancy has been utilised earlier. Provisions of Section 3 Sub Clause (3) reads as under:- "(3) Where a suitable candidate belonging to the Scheduled Tribes on Scheduled Castes, as the case may be, is not available in a recruitment either under sub-section (1) or sub-section (2) the vacancy reserved for him may be filled in such recruitment, from amongst the suitable candidates belonging to the Scheduled Castes or Scheduled Tribes, as the case may be, and as soon as a vacancy earmarked in the losses referred to in sub-section (5) for the Scheduled Castes or Scheduled Tribes, as the case may be, arises such person belonging to Scheduled Castes or Scheduled Tribes, as the case may be, shall be adjusted against such vacancy of his own category.";