- (1.) Heard learned counsel for the petitioner and the learned C.S.C. as well as Sri B.R. Singh, Advocate appearing for the Management.
(2.) Dispute herein is with regard to promotion to the post of Assistant Clerk in the respondent-institution from those who are already working as Class IV employees in the same institution. It is not in dispute that the criteria of promotion is 'seniority-subject-to-rejection-of-unfit'. Annexure-1 to the counter affidavit is the resolution of the Committee of Management wherein the proposal for promotion to the said post was considered in the meeting dated 10.3.2010. The resolution reveals that the petitioner herein was the seniormost amongst Class-IV employees, therefore, the private opposite party nos.6 & 7 were juniors to him, however, considering the fact that Sri Dinesh Kumar Singh, opposite party no.7 who was a physically handicapped person and unable to discharge his duties on Class IV post, a benefit of reservation for such disabled person was extended to Sri Dinesh Kumar Singh. Obviously this was under some misconception of law, as there was no reservation for disabled person in the matter of promotion. The resolution also indicates the finding recorded therein that none of the Class III post is held by any reserved category person, therefore, it should be filled by reservation.
(3.) The opposite party no.5 was working on the Class IV post and belonged to the reserved category of Scheduled Caste, therefore, by the resolution of the Management he was eligible for promotion, however, for reasons best known to the Committee of Management, the opposite party no.7, Dinesh Singh was granted promotion by extending the purported benefit of reservation which in fact was non-existent in law, the District Inspector of Schools (D.I.O.S.) in his wisdom gave financial approval to the proposal of the Committee of Management.;