SUDHIR AGARWAL,J - (1.) HEARD Sri D.B. Mukharji for the petitioner, learned Standing Counsel representing respondents no. 1, 2, and 3 and Sri Jeevan Prakash Sharma for respondent no. 4.
(2.) THE petitioner, already working as a Class IV employee in Neta Subhash Krishi Sainik Inter College, Banki, Vinod Nagar, Maharajganj (hereinafter referred to as "College"), has filed the present writ petition seeking the following reliefs : "(i) To issue a writ, order or direction in the nature of certiorari to quash the Notice Dt. 01.11.2007 published in Daily News Paper ''Amar Ujala" by which Respondent No. 4 is going to direct recruit the promotion quota post of Asstt. Clerk of the Institution. (ii) To issue a Writ, order of direction in the nature of mandamus directing to Respondent No. 2 and 3 to promote the petitioner as Asstt. Clerk in the Institution, as he is only Class-IV employees who has requisite qualification for the post of Asstt. Clerk. (iii) To issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. (iv) To award costs of the Writ Petition to the Petitioner against the Respondents." The case of the petitioner is that there are four sanctioned posts of Class III, i.e., three posts of Clerk and one post of Head Clerk in the College out of which one post (Head Clerk) is already occupied by one Sri Hira Lal, promoted from the post of Clerk and another post of Clerk is occupied by Sri Surendra Lal Srivastava, a Class-IV employee promoted in promotion quota to Class III post. Another post, which fell vacant, he contended, in view of Regulation 2 Chapter III of the Regulations framed under U.P. Intermediate Education Act, 1921 ought to have been filled in by promotion inasmuch for the purpose of determining promotion quota, the post of Head Clerk has to be excluded and there being only three posts of Clerk, 50% have to be filled in by promotion. Since 50% of 3 posts of Clerk comes to 1.5 and fraction will go for promotion, therefore, two posts of Clerk have to be filled in by promotion and one by direct recruitment.
(3.) IN the case in hand, the respondents have decided to fill in the post in question by direct recruitment and that too keeping it reserved for Other Backward Classes (in short "OBC"). Sri D.B. Mukharji submits that the advertisement published by respondent no. 4 for filling in the post in question by direct recruitment is illegal. He further submitted that in any case, the post of Clerk sought to be filled in by direct recruitment, cannot not be kept reserved for OBC as that would exceed the quota of reservation prescribed for OBC which is only 27% under U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (hereinafter referred to as "1994 Act").;