JUDGMENT Honble V. K. Shukla, J.—The Committee of Management of Sri Dehati Inter College, Navilganj, Achalda, Auraiya, through its Manager, has approached this Court, questioning the validity of orders dated 18.11.2006 and 1.11.2006 passed by the District Inspector of Schools, Auraiya, asking the petitioner to fill up the post of two L.T. Grade teachers. 2. Civil Misc. Writ Petition No. 68484 of 2006 has been filed by Aparna Singh for issuing a writ in the nature of mandamus, commanding the respondents to issue appointment letter pursuant to her selection. 3. Brief background of the case is that in the district of Auraiya, there is an institution known as Sri Dehati Inter College, Navilganj, Achalda, Auraiya, duly recognized under the provisions of U.P. Intermediate Education Act, 1921. In the institution concerned there are 22 posts of L.T. Grade teachers, to which petitioner submits that 16 are already filled up, out of which two teachers belong to Scheduled caste, six Backward class and eight are from general category. Thus, two posts of L.T. Grade teachers for Scheduled caste and four for general category are lying vacant. The institution in question notified these vacancies and said vacancies were notified by the District Inspector of Schools vide letter dated 20.10.2004. The U.P. Secondary Education Service Selection Board advertised the vacancies, and pursuant to the same recommendation has been made. U.P. Secondary Education Service Selection Board made recommendation in favour of six incumbents, including Aparna Singh and Km. Nidhi Saxena. Aparna Singh approached the Management of the institution for ensuring her joining, but her joining was not ensured and the candidates who approached after Aparna Singh, viz., Maulendu Narain Pandey, Km. Nisha Gupta and Anand Shukla were allowed to assume charge. Contention of the Managing Committee of the Institution has been that by ensuring joining of Aparna Singh, provisions of U.P. Act No. 4 of 1994 would be violated. 4. In the present case original record has been summoned from the office of the District Inspector of Schools as also from the office of the U.P. Secondary Education Service Selection Board. Contention of the Managing Committee of the Institution has been that by ensuring joining of Aparna Singh, provisions of U.P. Act No. 4 of 1994 would be violated. 4. In the present case original record has been summoned from the office of the District Inspector of Schools as also from the office of the U.P. Secondary Education Service Selection Board. Record of the District Inspector of Schools shows that requisition in respect of two posts, which fell vacant on account of retirement of R.S. Yadav, Assistant Teacher, L.T. Grade (Sanskrit) on 21.9.2000 and due to promotion of Om Prakash, Assistant Teacher, L.T. Grade (Hindi) was sent vide letter dated 19.10.2000 to the U.P. Secondary Education Service Selection Board to be filled up by Scheduled Caste candidates. Both the posts were confined to Hindi and Sanskrit subjects. Neither in the office of the District Inspector of Schools nor with the U.P. Secondary Education Service Selection Board, documents by means of which six vacancies had been notified in the prescribed format, are available. The Principal and the Manager of the institution are also point blank on this aspect of the matter, and statement has been given that both are not in possession of the documents in respect of notification of vacancy. Thus neither the institution in question nor the forwarding agency i.e. District Inspector of Schools nor the selecting agency i.e. U.P. Secondary Education Service Selection Board is in possession of the document in question, by means of which vacancies in prescribed format had been notified. 5. This is not at all case of Managing Committee, that post of Assistant Teacher, Math and Biology had been notified, as reserved for SC category candidates. Qua the vacancies of Assistant Teachers L.T. Grade Hindi and Sanskrit, which had been notified for Scheduled Caste category candidates, qua the same if general category candidates have been recommended, and qua the same no challenge has been made by the Management, at the appropriate time, then incumbent selected against unreserved seats, cannot be made to suffer, on the pretext that provisions of U.P. Act No. 4 of 1994 would be violated. Even on this aspect of the matter action of Management, appears to be selective. Even on this aspect of the matter action of Management, appears to be selective. Candidates reporting subsequent to Aparna Singh have been ensured joining, and the teacher of Math and Biology have been denied their joining, for which Manager and Principal who have appeared in person, could not give any rational justification. 6. Most surprising feature is that the order passed by the District Inspector of Schools has been challenged, which is consequential action, and the recommendation made by the U.P. Secondary Education Service Selection Board has not at all been questioned, and on this ground also, the writ petition is bound to fail. In the peculiar facts and circumstances of the case, when on account of notification of vacancies, selection proceedings have been undertaken and the candidates have been selected and their names have been recommended, then they cannot be denuded of their rights to be offered appointment, and that too, at the behest of the management, which has failed to produce any document in regard to notification of vacancy, and in the background of the case, that Management had never notified vacancy of Assistant Teacher, Math and Biology being reserved category post for Scheduled Caste candidates. However, Manager of the institution, who is present in Court, states that he has no objection in joining of the aforesaid selected candidates and he had been objecting to the same only because the previous Government was harassing him and his family members. 7. In view of this undertaking being furnished by the Manager of the institution before this Court and the reasons stated above, Civil Misc. Writ Petition No. 63970 of 2006 filed on behalf of the Management is dismissed, and Civil Misc. Writ Petition No. 68484 of 2006 filed by Aparna Singh is allowed. The Management is directed to ensure appointment of selected candidate forthwith. No order as to costs. ————