Jayant Kumar Verma vs State of U.P. and Others

Arun Tandon, J.—These two writ petitions have been filed claiming promotion on ClassIII post in Karma Kshetra Inter College, Etawah. The institution is an aided and recognized Intermediate College.

It is stated that under Rule 2(2) of ChapterIII of the Regulations framed under the Intermediate Education Act 50% of the ClassIII posts are required to be filled by promotion. It has been further provided that qua such calculation half or more than half shall be treated as one. Therefore, as against 5 posts of clerk, three are required to be filled by promotion.

It is not in dispute between the parties that at present two posts have been filled by way of promotion and two by direct recruitment. Out of the aforesaid appointees, three belong to Other Backward Classes category and fourth belongs to Scheduled Caste category.

This Court is of the considered opinion that no further reservation in the facts of the case is to be applied qua promotion on the post of clerk, inasmuch as the maximum percentage of the reservation quota, provided to Other Backward Classes category and Scheduled Caste stands satisfied in the facts of the present case.

A Division Bench of this Court in the case of Dr. Vishwajeet Singh and others vs. State of U.P. and others (Writ Petition No. 48149 of 2003) decided on 20.04.2009, following the cases of Dharam Pal Singh Chauhan & another vs. State of U.P. & others; Writ Petition No. 1208(S/B) of 2008 decided on 19.11.2008 and Smt. Pholpati Devi vs. Smt. Asha Jaiswal and others, reported in 2009(2) A.D.J. 90 and the judgment of the Hon''ble Supreme Court in the case of R.S. Garg vs. State of U.P. and others, reported in (2006) 6 Supreme Court Cases 430, has explained that the roster has only been prepared for the purpose to providing the manner for filling up of the vacancies. It cannot be used as source for increasing the percentage of reservation provided.

This Court is of the opinion that the vacancy which is caused within the 50% quota for promotion of ClassIII post of the institution has necessarily to be filled from amongst the senior most ClassIV employee of the institution eligible for promotion irrespective of the category to which he belongs.

Accordingly, writ petition is disposed of with a direction upon the District Inspector of Schools to take appropriate action with regard to promotion in accordance with law and in the light of the observation made above within four weeks after affording opportunity to both the petitioner and the Committee of Management of the institution, from the date a representation along with certified copy of this order is filed before him.