RAKESH TIWARI,J.- - (1.) HEARD learned counsel for the petitioner, Sri Kamlesh Shukla, learned Standing counsel for the respondent nos. 1 to 4, 5,6 and 8, Sri H.N. Pandey, counsel for the respondent no. 7. Perused the record.
(2.) JANTA Inter College Loomb, District Baghpat is a recognised institution under the provisions of the U.P. Intermediate Education Act, 1921. At present an authorised controller is functioning in the institution as Committee of Management has been superseded. The institution in question is in the grant-in-aid list of the State Government. In view of the fact that the provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 and rules framed thereunder are applicable to it. The backdrop of the case is that one Sri Babu Ram son of Sri Ray Singh claimed appointment under Scheduled Caste quota on Class IV post on the ground that Management is illegally filling up the reserved category of posts by general candidates which is illegal. He also moved representation dated 7.12.1994 to the D.I.O.S. Meerut, comments were asked from the Principal of the College by the D.I.O.S., but as no comments were received but his claim was not considered by the Management. Hence he preferred Civil Misc. Writ Petition No. 5659/97 Babu Ram Vs. District Inspector of Schools Meerut and others. The Court vide order dated 18.02.1997, directed the District Inspector of Schools, Meerut to look into the matter on merits and by issuing appropriate orders. Pursuant thereto, the District Inspector of Schools, Meerut by his order dated 29.03.2000, directed the Principal of the institution to fill up the vacant Class IV posts in the institution from amongst, the appropriate reserved category candidates. In case, the category of SC/ST is full, he was to fill up the remaining post of reserved category candidates from amongst.
(3.) SRI Babu Ram was thereafter appointed on 6.5.2000 as Class IV post employee under Scheduled Caste category candidate. The District Inspector of Schools also accorded approval to his appointment vide order dated 30.09.2000.;