RAM BHAWAN YADAV Vs. STATE OF UP

JUDGEMENT

(1.) The seven Petitioners before this Court have prayed for quashing of the order dated 21.8.2008 passed by the Regional Level Committee headed by the Respondent No. 3 whereby the selections in which the Petitioners were selected as class IV employees in the institution in question has been set aside and directions have been issued for holding fresh selections after applying the reservation policy.

(2.) The dispute in short relates to selections against class IV posts in Lala Ram Lal Agrawal Inter College, Sirsa, District Allahabad. It is an institution governed by the provisions of U.P. Intermediate Education Act, 1921 and the regulations framed thereunder. Chapter III of the Regulations contains the procedure prescribed for the purpose of selection on class IV posts of such an institution. The dispute arose when the selections were proceeded with by the Principal of the institution who is the appointing authority under Chapter I, Regulation 10 of the Regulations. The permission was sought from the District Inspector of Schools (hereinafter referred to as the 'D.I.O.S.') under Regulation 101 of Chapter III. This permission was sought on the basis that twenty-three sanctioned posts existed in the institution and the employees who were appointed since the institution was brought under the Payment of Salaries Act, were continuing to get salary from the State Exchequer. The claim of the institution was thus founded on the strength of payment of salary to twenty-three class IV employees in the institution which continued upto the year 1985. With the passage of time and the retirement of class IV employees, the Principal of the institution proceeded to make a request to the D.I.O.S. to allow him to advertise the posts. This request of the Principal of the institution was granted by the D.I.O.S. vide letter dated 31.10.2005. (Annexure-2 to the rejoinder affidavit filed by the Petitioners) A perusal of the said letter indicates that a permission was granted for holding the selection against sixteen posts after complying with the provisions of the Uttar Pradesh Group 'D' Employees Rules, 1985. Later on it appears that after the selections were held and the matter was placed before the D.I.O.S. for approval, the D.I.O.S. vide letter dated 28th November, 2006 returned back the papers to the Principal of the institution indicating therein that the selections do not appear to be in accordance with the norms fixed under the Government order dated 28th November, 1977 and therefore, the selections should be accordingly modulated in accordance with the said Government order. The D.I.O.S. also pointed out that there are seven employees still working in the institution and therefore, according to the D.I.O.S. a total number of eighteen sanctioned posts were only available in terms of the norms as prescribed under the Government order dated 20.11.1977. The Principal of the Institution appears to have forwarded the selection papers under the letter dated 4.12.2006 whereafter the D.I.O.S. has referred the entire matter to the Regional Level Committee in view of the Government order dated 19.12.2000. The recommendations were forwarded vide letter dated 20.12.2007.

(3.) The Regional Level Committee thereafter proceeded to process the claim of the Petitioners as well as the other recommendations that had been made. The Committee vide order dated 9.4.2008 indicated that only fifteen posts would be available to the institution in terms of the Government order dated 20.11.1977 and therefore out of the remaining eight vacant posts on which appointments could be made, the D.I.O.S. shall proceed to process the claim of seven class IV employees. After having received the said communication, the D.I.O.S. approved the appointment of the seven Petitioners vide order dated 15.5.2008 which orders have been appended as Annexure-4 to the writ petition.