ARUN KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition is directed against an order passed by the Regional Higher Education Officer, Varanasi, dated 15.5.2019, which rejects the claim of the petitioners for grant of financial approval to their appointment on a Class IV post in the educational institution in question. This order has been passed pursuant to a direction issued in petitioners' earlier writ petition nos. 9195 of 2018 and 6767 of 2018. The orders passed by this Court in the above noted petitions have been quoted in the order impugned itself and shall be dealt with a little later.

(2.) Gandhi Shatabdi Smarak Snatkottar Mahavidyalaya Koilsa Azamgarh is a recognized Degree College affiliated to Vir Bahadur Singh Purvanchal University Jaunpur. Certain vacancies of Class IV post came into existence on account of retirement etc. in the institution and the Committee of Management proceeded to fill up those posts. The institution consequently made a request to the Regional Higher Education Officer, Varanasi for grant of prior permission to fill up such posts. The Regional Higher Education Officer granted such permission on 13th May, 2013. It is thereafter that the vacancy was duly advertised on 9.2.2014 in two newspapers namely 'Dewal Dainik' and 'Aaj'. Petitioners claim to have applied and were ultimately selected by the selection committee constituted at the level of the College. Appointment letters were also issued to petitioners on 19.2.2014. However, financial approval was not granted to petitioners' appointment on the ground that the post in question was required to be filled by way of outsourcing, for which a Government Order had already been issued on 6.1.2011. By a specific order, dated 1.3.2014, the Regional Higher Education Officer informed the Management that the post in question could be filled only by way of outsourcing and as such the selection already made cannot be approved. It is this order which came to be challenged by the petitioners in Writ Petition No. 9195 of 2018 which was allowed vide following order passed on 9.4.2018:-

(3.) The Regional Higher Education Officer thereafter has considered the claim of petitioners and rejected their representation vide the order impugned, dated 15.5.2019. This order records that the State Government has issued a Government Order, dated 24.2.2015, which contains a direction to the Universities to amend its statute and proceed to fill up posts by outsourcing. The Regional Higher Education Officer, therefore, has observed that in view of the said government order the claim of petitioners for appointment cannot be processed.