Neutral Citation No. - 2025:AHC:45358 Court No. - 7 Case :- WRIT - A No. - 22287 of 2009 Petitioner :- Raj Kumar Respondent :- State of U.P. and Others Counsel for Petitioner :- P.S. Baghel,Bheem Singh,Madan Mohan,Madan Mohan Chaurasisa,Vinayak Mithal Counsel for Respondent :- C.S.C.,R.N. Yadav Hon'ble Vikram D. Chauhan,J. 1. It is submitted by learned counsel for the petitioner that the petitioner was selected on the post of Class-IV employee in the institution of respondent no. 5. Learned counsel submits that prior to initiation of selection proceedings, District Inspector of Schools by order dated 18.09.2008 permitted the two posts of Class-IV employees to be filled up from the General Category. In pursuance thereof, the selection proceedings were held and the petitioner & one Bhupendra Singh were selected. The papers were sent to the office of District Inspector of Schools for approval and the same were forwarded to the office of Joint Director of Education, Meerut. The Joint Director of Education, Meerut has rejected the approval of petitioner on the ground that out of the two vacant post, one post belongs to the Other Backward Classes. 2. Learned counsel for the petitioner has drawn attention of this Court to page-24 of the paper book to submit that there are ten sanctioned posts of Class-IV employees out of which five posts are unreserved and five posts are in the reserved category. It is submitted that the post of Other Backward Classes was reserved to the extent of three in number and the Scheduled Case Category are allotted two posts. 3. Learned counsel submits that a perusal of the chart at page-24 would go to show that the post against which the petitioner was being considered belong to General Category candidate being Jeet Kumar and Omwati Devi. Learned counsel submits that even otherwise the District Inspector of Schools accorded permission for filling up the post from General Category. It is submitted that without giving opportunity of hearing to the petitioner, the Joint Director of Education has rejected the claim of petitioner for appointment and has denied the approval. It is submitted by learned counsel for petitioner that out of five sanctioned posts of General Category, the claim of petitioner for appointment has been considered. 4. Learned Standing Counsel has referred to paragraph-9 of the counter affidavit, which is quoted hereinbelow:- "That in reply to the contents of paragraphs 16, 17 and 18 of the writ petition, it is submitted that according to reservation rules, out of 10 posts, 5 posts are unreserved post and 5 posts come under the purview of reserved quota out of which two posts are reserved for S.C. candidates and 3 posts are reserved for O.B.C. candidates while in the institution to roaster of the reservation rules, out of two vacant post of Class-IV employees, one post is required to be filled up by O.B.C. candidate, namely, Shri Bhupendra Singh Raghav and as such the petitioner being general candidate, his appointment was rightly not approved by the Regional Level Committee. Copy of the Govt. Order Dated 29.3.1994 is filed herewith as Annexure-CA-1 to this affidavit." 5. It is submitted by learned Standing Counsel that five posts are unreserved and five posts come within the reserved quota of which three posts are reserved for Other Backward Classes and two posts are reserved for Scheduled Caste Candidates in the institution. 6. Since the petitioner has raised the issue that the petitioner has been appointed against the vacancy created in respect of the candidate of General Category, therefore findings are required to be recorded. The Joint Director of Education, while passing the impugned order, has not accorded any opportunity of hearing to the petitioner nor has considered the aforesaid aspect that the petitioner has been appointed against the vacancy caused by the General Category candidate and as such it was imperative for the Joint Director of Education to consider the aforesaid aspect of the matter more particularly the Joint Director of Education has to examine whether any candidate belonging to the reserved category was appointed on merits in the General Category at the initial stage. Such an exercise has not been taken in the present case. At this stage, learned Standing Counsel submits that the matter may be relegated back to the Joint Director of Education for decision afresh. 7. In view of the aforesaid facts and circumstances, the impugned order dated 07.02.2009 passed by Joint Director of Education, Meerut is hereby set aside and the matter is remanded back to Joint Director of Education to decide the question of approval of the service of the petitioner in accordance with law within a period of two months from the date of production of certified copy of order after giving opportunity of hearing to the petitioner. 8. Writ petition is partly allowed. Order Date :- 2.4.2025 Aiman Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad