D.K.Seth, J. - (1.) After the writ petition No.44226 of 1992 was disposed of, this writ petition No.22559 of 1999, since been listed along with the same writ petition, is taken up.
(2.) In the present case the petitioner has challenged the appointment of the regularly selected candidate Km.Manju Lata alleging that she had replaced the petitioner but in writ petition No.44226 of 1992 in paragraph 7, the name of one Km. Varsha Sonkar has been mentioned to have replaced the petitioner. Km. Varsha Sonkar has not been made a party to this writ petition. Mr. S.N. Dubey, learned counsel for the petitioner contends that the respondents have not come out with a clear case as to whether Km.Manju Lata or Km. Varsha Sonkar had replaced the petitioner. Somewhere it is said that it is Km. Manju Lata and somewhere it is said that it is Km. Varsha Sonkar. If it is so, Km. Varsha Sonkar should have also been made a party.
(3.) Be that as it may. The petitioner has challenged the appointment of Km. Manju Lata or Km. Varsha Sonkar on the ground that the petitioner was working in the said post. Unless the petitioner shows that she has a legal right to hold the said post, she cannot maintain this writ petition. The impugned order contained in Annexure 3 to the writ petition does not reveal that Km.Manju Lata had replaced the petitioner. On the other hand it says that consequent upon the posting of regularly selected PRT, the service of the petitioner, ad hoc PRT was no more required with effect from 4th May, 1993. Therefore, it is not known how the petitioner had impleaded Km. Manju Lata as respondent in the writ petition. The ground on which the appointment of the regularly selected candidate has been assailed is only that Scheduled Caste candidates have been selected though 1500 vacancies were advertised pursuant to which the petitioner had also applied. Mr.S.N. Dubey contends that 326 Scheduled Caste candidates have been selected. According to him after having advertised 1500 general post, there cannot be any exclusive selection of 326 Scheduled Caste candidates.However, it has not been urged by Mr. Dubey that number 326 had exceeded the maximum percentage of the reserve quota. The only ground was that without holding the selection of the general candidates exclusive selection of reserve quota candidates could not have been held.;