A.P.SAHI,J. - (1.) THE petitioner is a class IV employee in an Intermediate College governed by the provisions of Intermediate Education Act, 1921 and the Regulations framed thereunder.
(2.) THE petitioner has questioned the compassionate appointment of respondent No. 6 on the ground that the post in question namely the post of assistant clerk has to be filled up by promotion in view of the provisions contained in Chapter III Rule 2 of the Regulations framed under the U.P. Intermediate Education Act, 1921. It is undisputed that there are three posts of clerks including the post of head clerk in the institution. The petitioner contends that no post of clerk has been filled up by promotion and the post which has fallen vacant on account of the retirement of head clerk on 31.1.2007, the assistant clerk has already been promoted, as a result whereof the other post of assistant clerk under 50% quota is also liable to be filled up by way of promotion. The petitioner further contends that he belongs to the Scheduled Caste category and as such is also entitled to be promoted extending the benefit of reservation for Scheduled Castes.
(3.) THERE can be no dispute that the post of promotion if available, has to be filled up in accordance with the aforesaid Regulations. The only question which deserves to be determined is as to whether the petitioner can claim the benefit of reservation for being promoted on the post in question or not. Learned Counsel for the petitioner has relied upon a Division Bench decision of this Court in the case of Mahendra Kumar Gond v. District Inspector of Schools, Azamgarh and others, 2009, Vol 6, AD] page 674, where such a claim of promotion by way of reservation has been explained keeping in view the Government Order dated 18th December, 1990 as also the policy of reservation for Scheduled Castes and Scheduled Tribes, under the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994.;