TARUN AGARWALA, J. - (1.) AN advertisement No. 1/2002 was issued by the U.P. Secondary Education Service Selection Board (hereinafter referred to as the Selection Board) for selection of Trained Graduate Teacher in various subjects. The petitioner applied and was selected in Arts subject. The Selection Board on 30.7.2004 recommended the name of the petitioner for appointment as a teacher in the College of the respondent No. 6. Based on the aforesaid recommendation, the District Inspector of Schools, by a letter dated 10.9.2004 directed the respondent No. 6 to issue an appointment letter. The petitioner also approached respondent No. 6, but to her dismay, respondent No. 6 refused to issue an appointment letter alleging that the post was required to be filled up by an OBC candidate. The petitioner made various representations to the authorities including the Selection Board praying that a direction should be issued to the respondent No. 6 to allow her to join the post or in the alternative adjust her in some other institution. When nothing was done on her representation, the petitioner filed the present writ petition in the year 2006 praying for a writ of mandamus directing the respondents to give effect to its selection dated 15.7.2004 in favour of the petitioner in the institution of the respondent No. 6 or allocate her in some other institution.
(2.) WHEN the writ petition was entertained, the Court by various orders, directed the Selection Board to produce the original record as well as also issued direction to the Committee of Management and the District Inspector of Schools to file their affidavits as well as produce their original records. Pursuant to the various directions, notices were issued to the authorities to appear in person, and eventually, the matter was heard after the exchange of affidavits. The admitted facts as culled out from the various affidavits filed before the Court and upon perusal of the original records of the Selection Board, the District Inspector of Schools as well as the record of the Committee of Management is, that on 30.6.1997, one Smt. Nirmala Srivastava, a teacher in L.T. Grade retired and consequently a vacancy arose. On 23.9.1998 a requisition was sent by the Manager under Rule 11 of the U.P. Secondary Education Services Selection Board Rules, 1998 (hereinafter referred to as the Rules of 1998) disclosing that the post was required to be filled up by a Scheduled Caste category candidate. Based on the said requisition, which was affirmed by the District Inspector of Schools, the Selection Board recommended the name of one Km. Tara belonging to the Scheduled Caste category but, the Manager of the Committee of Management, respondent No. 6 refused to issue an appointment letter vide its letter dated 9.6.2003. It trartspires that in the meanwhile the Manager again sent a requisition on 26.6.2000 for the same post and, this time, the Manager showed that the vacancy was required to be filled up by a general category candidate. The Manager again sent a requisition on 21.7.2001 showing that the post was now required to be filled up by an OBC candidate.
(3.) IT transpires that pursuant to the earlier requisition dated 26.6.2000, the petitioner was selected and her name was recommended on 30.7.2004 by the Selection Board which was refused by the Committee of Management on 28.9.2004.;