S.C. Mathur, J. - (1.) Petitioners Radhey Shyam and Guru Prasad have directed this petition against the selection and appointment of opposite parties Nos. 5 to 7 as C. T. Grade teachers in Gandhi Mission H. M. K. D. Inter College, Mohan, District Unnao. Their plea is that the selection has been held in violation of the Government Order providing for reservation in favour of Scheduled Caste candidates. Admittedly, the petitioners belong to the Scheduled Caste category.
(2.) On 2-9-1979 an advertisement was issued for making appointments to three posts of C. T. Grade teachers. The petitioners and opposite parties Nos. 5 to 7, apart from others, applied for being appointed against the said posts. The petitioners appeared at the interview. Finally, appointment orders were issued in favour of opposite parties Nos. 5 to 7. Opposite parties Nos- 5 to 7, admittedly, belonged to the General Category. The selection and appointment of opposite parties Nos. 5 to 7 has occasioned the instant petition.
(3.) There is no dispute between the parties that the selection and appointment to the posts in question was to be made in accordance with the Government Order copy of which has been annexed as Annexure C-1 to the counter affidavit. In the advertisement also it had been specifically mentioned that out of three posts, two were reserved for Scheduled Caste candidates. The opposite parties have justified their action by pleading that the petitioners were not qualified in the subjects which the selected teachers were required to teach It has been stated that the first vacancy became available on 9-1-1978 and this vacancy was in respect of the subject of English. The second vacancy is alleged to have occurred on 23-1-1978 in respect of General Subjects The last vacancy occurred on 16-8-1978 in respect of the subject of General Science. Learned counsel for the petitioners has submitted that there was no question of selection being made in accordance with the subjects. With reference to the qualification prescribed in Appendix A to Regulation 1 of the Regulations, framed under the U.P. Intermediate Education Act, the learned counsel submitted that no such prescribed (sic) has been made thereunder The C. T. Grade teachers arc required to teach students studying in Classes VI, VII and VIII. The qualifications prescribed of such teachers are as follows:- "Intermediate Examination with C.T., B.T.C. or J.T.C. or any other training qualification equivalent thereto.";