RAM VIKAS Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed by the petitioner praying for a writ of certiorari quashing the impugned order dated 31.3.1997 Annexure-1 to the writ petition passed by the respondent No. 3. It has further been prayed that a direction be issued in the nature of mandamus directing the respondents not to interfere in the peaceful working of the petitioner. A further mandamus has been prayed for paying salary and other benefits to the petitioner.

(2.) Facts of the case as emerge from the pleadings of the parties are that there were certain vacancies of Class IV and Class III in the District Hospital. Siddharth Nagar. The Director General. Family Welfare, U. P., Lucknow wrote a letter dated 16.10.1995 to all Chief Medical Officers. U. P. for making available the details pertaining to vacant posts under reserved category of Scheduled Castes, Scheduled Tribes and other backward category. The letter stated that the State Government has decided to fill up the unfilled quota of reserved candidates category in which quota is not filled. Letter further stated that the special drive be taken in accordance with the U. P. Public Services (Reservation for Scheduled Caste, Scheduled Tribes and Other Backward Class) Act, 1994. The District Magistrate, Siddharth Nagar also wrote a letter to that effect to the Chief Medical Superintendent, District Hospital, Siddharth Nagar. On the aforesaid basis, the then Chief Medical Superintendent of District Hospital, Siddharth Nagar Dr. O. S. Singh constituted a Selection Committee consisting of one Dr. Ashok Kumar, member of Scheduled Caste, Dr. S. K. Arora, Raja Ram Misra a class III employee, one Smt. Munni Sonkar, a staff nurse and Sri Babbu Safai Karmachari for holding selection of Class III and Class IV posts. It is claimed that a selection was held on 26.10.1995 in pursuance of which the petitioner was issued an appointment order dated 26.10.1995 Annexure-6 to the writ petition as Chaukidar. In pursuance of the said appointment order, petitioner joined his post and started working and was paid his salary. It appears that complaints were made regarding selection made by Dr. O. S. Singh to the State Government as well as to the Director Medical Health. The Director Medical Health directed the Additional Director to submit report pertaining to the selection against Dr. O. S. Singh. Additional Director conducted an enquiry, examined the record and also recorded the statement of Dr. O. P. Singh and other members of the Selection Committee and submitted a report dated 20.4.1996 to Director. In the Additional Director's report, it has been stated that the selection was conducted only by issuing a notice on the Notice Board. It was further stated in the report that no proceedings of selection or details of marks of the candidates was made available. The relations of the members of the selection committee were selected and issued appointment orders. Report further stated that Dr. O. S. Singh went beyond his jurisdiction in making appointment on the post of Dark Room Assistant, Lab Attendant, Electrician and Registration-cum-Record Keeper whose appointing authority is Director. The selection committee was not constituted in accordance with the rules and in accordance with the Government Orders. No nominee of the District Magistrate was there in the selection committee. On the basis of the report submitted by the Additional Director, all the appointments made by Dr. O. S. Singh was directed to be cancelled. In pursuance of the above, order was issued by the Chief Medical Superintendent, Siddharth Nagar dated 31.3.1997 cancelling the appointment of the petitioner. The petitioner has challenged the aforesaid order. Petitioner's case is that the appointment was made by the duly constituted selection committee. Petitioner has further stated that the order dated 31.3.1997 was passed without issuing any notice or affording any kind of opportunity to the petitioner.

(3.) Counter-affidavit has been filed by the standing counsel in which it has been stated that the selection committee has not been constituted in accordance with Group 'D' Employees Service Rules, 1985 as amended by 1986 amendment. Dr. O. S. Singh did not constitute selection committee in accordance with the Government Orders. For selection, neither the advertisement was issued in the news paper nor names were called for from the Employment Exchange. In paragraph 3 of the counter-affidavit, it has been stated that the brother of Dr. Ashok Kumar, who was member of the selection committee, has been appointed on the post of Record Keeper and brother of another member Raja Ram Misra was appointed as Ward Boy, Son of Baboo, the member of selection committee was also given appointment. It was stated that the enquiry was got conducted by the Additional Director who submitted his report dated 20.4.1996 and on the basis of the aforesaid report, an order was issued by the Director Medical Health on 30.7.1996 directing for cancellation of the appointment. In paragraphs 16 and 17 of the counter-affidavit, it was stated that since the appointments were void and not made in accordance with the taw, the petitioner is not entitled to any relief and there is no requirement of giving any opportunity in the present case. It was held that the order dated 31.3.1997 cancelling the appointment is valid and in accordance with law. Petitioner has filed rejoinder affidavit in which the allegations of the writ petition were reiterated and it is stated that the advertisement was published in news paper 'Bharat Charcha' and a copy of which has been filed as Annexure-R.A. 1 to the rejoinder affidavit. Letter of the District Magistrate dated 12.10.1995 has also been annexed as Annexure-R.A. II to the rejoinder affidavit in which the appointing authorities were directed to fill up the quota of reserved category candidates.