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Radhey Shyam Singh (Iind) v. Director Of Education & Others - WRIT - A No. 450 of 2003  RD-AH 2484 (7 September 2005)
Judgement delivered 18.7.2005
Judgement delivered 07.9.2005
Civil Misc. Writ Petition No. 450 of 2003
Radhey Shyam Singh (IInd)
Director of Education, U.P. Lucknow and others
Hon'ble Sunil Ambwani, J.
1. Heard Sri K.C. Vishwakarma, learned counsel for the petitioner and learned standing counsel.
2. Briefly stated the facts of this case are that Chhatrapati Shivaji Inter College, Khajuraul, District Mirzapur, is an aided and recognised intermediate college. The petitioner belongs to the reserved category (Other Backward Class). He was appointed in the institution as a LT grade teacher on 1.10.1974. A vacancy was caused in the lecturer's grade in History on the superannuation of Shri Samsuddin. The petitioner being the senior most teacher was considered for promotion in the 50% quota reserved in the lecturer's grade. On 9.3.2002 a resolution in this regard was passed by the Committee of Management and was sent for approval. The District Inspector of Schools, Mirzapur returned the resolution on the ground that there are six sanctioned posts of lecturers in the institution out of which three posts are filled up by direct recruitment, and that only one post in promotion quota is vacant to be filled up from amongst the reserved category candidate and that according to policy of the reservation the unfilled vacancy has to be allotted only to the reserved category (SC/ST) candidate.
3. Learned counsel for the petitioner has challenged the order on the ground that rules of reservation are not applicable in promotion, to the post of lecturer in intermediate colleges. He has relied upon a judgement of this Court in Asha Jaiswal (Smt.) vs. Joint Director of Education, Varanasi 2004 2 UPLBEC 1837 in which it was held that the State Government has not taken any decision to enforce reservation in promotions in recognised Intermediate Colleges.
4. The question with regard to reservations in promotion for Scheduled Caste/Scheduled Tribes candidates, on the posts in lecturer's grade in the intermediate Colleges regulated by U.P. Secondary Education Services Commission Rules 1995, came up for consideration in Sunil Kumar Misra vs. Regional Selection Committee, Gorakhpur 2004 1 ESC 424. This Court relying upon Krishna Pal Singh vs. Government of U.P. 1981 UPLBEC 521; Comptroller and Auditor General of India and another vs. Mahendra Lal and others (1992) 1 SCC 20, and Sudhir Kumar Anand vs. U.P. State Electricity Board and others 2001 (1) UPLBEC 708 held that the Constitution (77th Amendment) Act 1995, inserted clause-(4-A) in Article 16 of the Constitution of India, enabling the State to make provisions for reservation in matters of promotion to any class or classes of posts in the services under the State, in favour of SC//ST, which in the opinion of the State are not adequately represented in the services under the State.
5. Section 3(7) of the U.P. Public Services (Reservations for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act 1994 (the Reservation Act 1994, for short), provides that if on the date of commencement of the Act, reservation was in force under any Government Order for appointment to the posts to be filled up by promotion, such Government Orders shall continue to be applicable till they are modified or revoked. Prior to the enforcement of the Act i.e. 11.12.1993, the State Government had issued orders providing for reservation for 21% for Scheduled Caste, 2% for Scheduled Tribe, in respect of posts to be filled up by way of promotion. The Government Orders issued on 12.7.1998, was thus saved by the Reservation Act 1994. In Sudhir Kumar Anand (supra) this Court upheld these orders and in V.K. Banerjee vs. State of U.P. 1993 (1) ESC 644 this Court upheld the validity of the Government order dated 10.10.1994 increasing reservation quota for promotion in favour of Scheduled Castes candidates from 18% to 21%.
6. The reservations for SC/ST is as such applicable in promotions and all the Government Orders in this regard are saved by Section 3 (7) of the Reservation Act, 1994. The objections of the District Inspector of Schools to the promotion of petitioner belonging to Other Backward Class for promotion in 50%, quota is a such a valid objection. I do not find any illegality or error in the order of District Inspector of Schools, to interfere in the matter. The writ petition is dismissed.
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