Allahabad: The Allahabad High Court today
ruled that in case of promotional appointments or direct
recruitments in educational institutions of Uttar Pradesh, 21
per cent quota for SCs shall be applicable only when the
number of posts was not less than five.
A Full Bench of the court comprising Justice Ashok
Bhusan, Justice Arun Tandon and Justice A P Shahi passed
the order while deciding a reference "whether the roster in
respect of reservation can be applied with regard to
promotions in respect of Class III posts in an intermediate
college, where the number of posts is less than five".
The reference was made following divergent judgements
passed by two different benches of the court on the issue.
However, the Full Bench made it clear that "there has to
be a minimum of five posts for applying the 21 per cent
It may be mentioned that a 21 per cent quota is fixed in
the state for appointments made through promotions or direct
recruitments in government-aided educational institutions for
employees belonging to the Scheduled Castes.