JUDGMENT Arun Tandon, J.
1. A post of Lecturer Physics in Chaudhary Chhotu Ram Inter College, Muzaffarnagar was requisitioned to the U.P. Secondary Education Services Selection Board, Allahabad vide requisition dated 28th February, 2003. The vacancy was earmarked for Other Backward Classes category in the requisition. The said vacancy was ultimately advertised under Advertisement No. 2/2004 in the said category. Petitioner, who belongs to the category of Other Backward Classes applied in pursuance to the advertisement. He was ultimately selected and empanelled for appointment as Lecturer Physics in the Chaudhary Chhotu Ram Inter College, Muzaffar Nagar.
2. The District Inspector of Schools, Muzaffamagr, on receipt of the select panel, forwarded a letter to the Secretary, U.P. Secondary Education Services Selection Board dated 21.4.2006 stating therein that one Sri Ramesh Chandra has already been appointed against the requisitioned vacancy of Lecturer Physics and therefore there is no vacancy against which petitioner can be offered appointment and requested that he may be adjusted in some other institution. Against this order of the District Inspector of Schools present writ petition has been filed.
3. This Court required the District Inspector of Schools, Muzaffar Nagar to remain present before this Court with all relevant records. The Secretary of the U.P. Secondary Education Services Selection Board was also directed to produce the records. The original records produced by the District Inspector of Schools as well as U.P. Secondary Education Services Selection Board have been examined by the Court today. A counter affidavit has also been filed on behalf of Sri Ramesh Chandra (respondent No. 5).
4. From the records it is apparent that Sri Ramesh Chandra (respondent No. 5) was selected in pursuance to the advertisement No. 2/2002 for the post of Lecturer Physics and was empanelled against the vacancy which was requisitioned for Hindu Inter College, Atarra, district Banda within the reserved category of Scheduled Caste. The said Ramesh Chandra, for the reasons best known to him, did not join the said institution, it is alleged that the institution refused to accept his joining. However, instead of pursuing the remedy against the institution concerned, Sri Ramesh Chandra manipulated the documents in connivance with the Principal of Chaudhary Chhotu Ram Inter College, District Inspector of Schools Muzaffarnagar as well as with the officers of U.P. Secondary Education Services Selection Board, which resulted in an order being passed by the Secretary, U.P. Secondary Education Services Selection Board dated 21.8.2003. Under this order Sri Ramesh Chandra has been directed to be adjusted/appointed against the vacancy on the post of Lecturer Physics in Chaudhary Chhotu Ram Inter College, Muzaffarnagar. In pursuance whereof the District Inspector of Schools, Muzaffarnagar issued a letter to the Manager of the institution, which was promptly accepted and appointment was offered to Sri Ramesh Chandra without raising any objection to the fact that the candidate now appointed was not with the category reserved for appointment for the post in question and as had been requisitioned.
5. It is further admitted on record that the vacancy on the post of Lecturer Physics reserved for Other Backward Classes in Chaudhary Chhotu Ram Inter College, Muzaffarnagar was not advertised up to the date adjustment had been directed by the U.P. Secondary Education Services Selection Board. Thus, it is an admitted position that adjustment has been directed against an unadvertised vacancy in favour of Sri Ramesh Chandra.
6. On being asked as to on what basis the U.P. Secondary Education Services Selection Board had issued the order directing adjustment of Ramesh Chandra against an unadvertised vacancy, and that to of a candidate non-belonging to requisitioned category, counsel for the U.P. Secondary Education Services Selection Board refers to the letter dated 24.7.2003, which is said to have been forwarded by Sri Ramesh Chandra along with his application dated 19th July, 2003. The said document appears a stamp, which reads as follows:
izfr gLrk{kfjr lg ftyk fo|ky; fujh{kd eq0uxj
7. However, it is apparent from the original document that the same has not been signed by any officer concerned. It is surprising, responsible officers like Secretary as well as Chairman of the U. P. Secondary Education Services Selection Board acted upon such a letter, which was not countersigned by the District Inspector of Schools, and directed adjustment. These facts lead to an apprehension that adjustment has been directed for other considerations. The matter requires investigation.
8. The records, produced today along with a copy of the writ petition, are directed to be transmitted to the Secretary, Secondary Education, U. P. Government, Lucknow for holding a detail enquiry into the issue (a) can a candidate selected amongst against a reserved category of Scheduled Caste can be adjusted against a vacancy reserved for Other Backward Classes, (b) whether a candidate selected in pursuance of Advertisement No. 2/2001 could have been adjusted against an unadvertised vacancy, as has been done by the U.P. Secondary Education Services Selection Board under an order dated 21.8.2003, (c) who, in fact, inducted the letter dated 24.7.2003 in the records of the U.P. Secondary Education Services Selection Board, inasmuch as counsel for Sri Ramesh Chandra has made a statement that application dated 19th July, 2003 was not accompanied with any such document, as is available on the records of the U.P. Secondary Education Services Selection Board and (d) The role of the Chairman and Secretary by the Secondary Education Services Selection Board in directing adjustment of Ramesh Chandra, the role of the District Inspector of Schools, Committee of Management and Principal of Chaudhary Chhotu Ram Inter College, Muzaffarnagar, who appointed Ramesh Chandra even after being fully aware that vacancy is earmarked for Other Backward Classes candidate.
9. The enquiry may be completed by the Secretary and specific finding should be recorded in respect of the individual persons involved. Report may be submitted before this Court by 12th December, 2006. The original records, as have been produced before this Court, may be transmitted to the Secretary, Secondary Education, U. P. Government, Lucknow under a sealed cover along with certified copy of the order.
10. From the facts as have been noticed herein above, this Court is prima facie satisfied that continuance of Sri Ramesh Chandra is apparently illegal and is based on procured documents. It is, therefore, directed that Sri Ramesh Chandra shall not be paid salary without leave of the Court. The District Inspector of Schools shall further ensure that petitioner is permitted to join in the institution as Lecturer Physics within two weeks from the date a certified copy of this order is filed before him.
11. List on 12th December, 2006.