Neutral Citation No. - 2025:AHC:132967 Court No. - 38 Case :- WRIT - A No. - 19071 of 2018 Petitioner :- C/M Ram Das Udai Pratap Audyogik Vikas Inter College, Basti Respondent :- State Of U.P., Another Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- C.S.C.,Chandravir Singh Raghuvanshi Hon'ble Donadi Ramesh,J. 1. The present writ petition is filed for mandamus directing the respondent no.2 to accord financial approval to the selection of Alok Verma on the post of Assistant Clerk based on the proposals dated 14.05.2018. 2. After notice the respondents have filed their counter affidavit and along with the counter affidavit they have annexed the order passed by the respondents rejecting the application of the petitioner vide order dated 25.05.2019. 3. The said order was passed rejecting the claim on two grounds:- (i) Based on the Government Order dated 15.03.2012, the State has imposed general ban on appointment of Class-III and Class-IV posts. (ii) The petitioner has not followed the rule of reservation by filling up of the vacant post as the said post has to be filled up by Scheduled Castes candidates. 4. The respondents have filed counter affidavit stating that as the vacancy is meant for scheduled caste category but given the same the petitioner has filled the said post with OBC category candidate. Further, there is a general ban at the time of filling up of the said post vide Government Order dated 15.03.2012. Further, they have also taken a stand that the petitioner has not followed the procedure contemplated under Regulation 101 to 107. 5. On perusal of the impugned order as the order has been passed only on two grounds, one is having general ban vide Government Order dated 15.03.2012. The State Government in the case of (Vipin and State of U.P. and Others), reported in 2013 (7) ADJ 274 held that the said orders are not applicable to the institutions governed by Act, 1921. Further, as far as the second issue is concerned applicability of rule of reservation was considered by this Court in full bench of this Court in (Heera Lal Vs. State of U.P. and Others) 2010 (6) ADJ 1 held that if the sanctioned posts are below 5, the rule of reservation does not apply. 6. Considering the observations made in the above said judgments, the impugned order dated 25.05.2019 is contrary to the rule and law. Accordingly, the impugned order dated 25.05.2019 is set aside, remanding the matter to the second- respondent to re- consider the proposals/ applications made by the petitioner and take appropriate decision within a period of two months from the date of a receipt of a copy of this order. 7. Accordingly, the present writ petition is disposed of. Order Date :- 6.8.2025 AdityaG (Donadi Ramesh,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad