Hon'ble Dilip Gupta,J. Hon'ble Dr. Satish Chandra,J. This Special Appeal has been filed under Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952 to assail the judgment dated 16 September 2014 of a learned Judge of this Court by which Writ Petition No.57952 of 2007 that was filed by respondent no.4-Shyam Babu was allowed. The aforesaid writ petition had been filed by Shyam Babu to assail the order dated 15 October 2007 that was passed by the District Inspector of Schools, Mau1 by which the representation filed by the appellant was disposed of by approving his appointment made by direct recruitment under the Scheduled Castes quota. The case set up by Shyam Babu in the writ petition was that a vacancy on the post of Assistant Clerk had arisen on account of retirement of Ram Nath Prasad. The Committee of Management of Tarun Inter College, Kunda Kuchai, Mau2 sought permission from the DIOS to fill up the vacancy by direct recruitment and the DIOS granted permission by order dated 2 August 2000. However, one Johdi Prasad claimed promotion under the 50% quota under Chapter III Regulation 2 of the U.P. Intermediate Education Act, 1921. He was promoted and the DIOS granted approval on 30 October 2001. Feeling aggrieved, the appellant filed Writ Petition No.41704 of 2001 which was disposed of on 22 January 2007 with a direction to the DIOS to pass a reasoned and speaking order after hearing the parties concerned. It is pursuant to the aforesaid direction issued by the Court that the DIOS had granted approval to the appointment of the appellant by direct recruitment treating him to be a candidate belonging to the Scheduled Castes. The learned Judge has found that instead of examining the issue in respect of the vacancy which was advertised in 2000, the District Inspector of Schools adjusted the appellant against a vacancy which had fallen vacant in 2007 on retirement of Prakash Ram, the Head Clerk of the Institution. The learned Judge also found that the vacancy which had occurred in 2007 was never advertised and, therefore, the appointment order issued in favour of the appellant Sunil Kumar was patently illegal being in violation of Article 14 of the Constitution. The order of the DIOS was, accordingly, set aside and the DIOS was directed to fill up the vacancy in accordance with law. The order of the DIOS was, accordingly, set aside and the DIOS was directed to fill up the vacancy in accordance with law. Learned counsel for the appellant has submitted that the writ petitioner Shyam Babu was not an aggrieved person and, therefore, the order could not have been set aside at his behest, particularly when the order passed by the DIOS sought to adjust equities. It is not possible to accept the contention of the learned counsel for the appellant. The appellant was adjusted against a vacancy which had occurred in 2007 and had not been advertised at all. The DIOS was required to examine whether the promotion of Johdi Prasad on the vacancy arising on 31 January 2000 as a result of retirement of Ram Nath Prasad was validly made or the appellant was entitled to appointment by direct recruitment. Instead of examining this issue, the DIOS proceeded to grant approval to the appointment of the appellant against a vacancy which had arisen in 2007 on the retirement of Prakash Ram. This could not have been done particularly when the vacancy had not even been advertised. The writ petitioner Shyam Babu would get an opportunity to participate in the selection process once the vacancy was advertised. It cannot, therefore, be said that he had no locus to challenge the order passed by the DIOS. There is no merit in this Special Appeal. It is, accordingly, dismissed. Date:20.11.2014 SK (Dilip Gupta, J.) (Dr. Satish Chandra, J.) ——————