Court No. - 18 Case :- WRIT - A No. - 627 of 2010 Petitioner :- Ram Sharan Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- A.K. Sinha Respondent Counsel :- C.S.C. Hon'ble Sudhir Agarwal, J.
the grievance of the petitioner is that there are only three sanctioned posts in
Class III in the institution out of which two are to be filled in by promotion
and one by direct recruitment. Management sought to make promotion on the
post in question by considering the senior most eligible Class IV employee,
i.e., the petitioner but by means of the impugned order, the District Inspector
of Schools has directed the Management to treat the said vacancy reserved for
scheduled caste and make recommendation accordingly. He submits that since
there are only two posts available in promotion quota, in view of law laid
down by Apex Court in R.S. Garg Vs. State of U.P. and others, 2006 (6)
SCC 430 followed by this Court in Smt. Pholpati Devi Vs. Smt. Asha
Jaiswal and others, 2009(2) ADJ 90; Vishwajeet Singh (Dr.) and others
Vs. State of U.P. and others, 2009(2) UPLBEC 1443 and Civil Misc. Writ
Petition No. 7591 of 2006 (Nem Singh Vs. State of U.P. and others)
decided on 2.9.2009, no such reservation is permissible.
Learned Standing Counsel representing respondents no. 1, 2 and 3 prays for
and is allowed three weeks’ time to file counter affidavit.
Issue notice to respondent no. 4 returnable at an early date. Steps be taken
within three days.
Until further orders, operation of the impugned order dated 21.12.2009
(Annexure 3 to the writ petition) shall remain stayed.
Dt. 8.1.2010
PS-627/2010