(1.) A learned Single Judge, while hearing Writ Petition No.20740 of 2012 (Arun Kumar Singh and others vs. State of U.P. and others) and other similar matters made a reference for constituting a Full Bench to answer following three questions:-
(2.) THE Hon'ble the Chief Justice vide order dated 22nd May, 2012 constituted this Full Bench. Before we proceed to answer the questions referred, it is necessary to note background facts giving rise to the reference. It shall be sufficient to note the pleadings in Writ Petition No.20740 of 2012 (Arun Kumar Singh and others vs. State of U.P. and others) for considering the questions referred which may be treated as leading writ petition.
(3.) A Government order dated 1st September, 2001 was issued providing for a methodology for selecting coordinators/co-coordinators at Block Resource Centres and Coordinator at Nyaya Panchayat Resource Centres. The Government order contemplated selection of coordinator at Block Resource Centre from amongst Headmasters of primary school or Assistant Teachers of junior high schools or a teacher who has worked as coordinator at Nyaya Panchayat Resources Centre for two years. Similarly for Co-coordinator at Block Resource Centres Assistant Teachers of primary schools having four years experience were eligible. For Coordinator at Nyaya Panchayat Resource Centre, Headmaster of primary schools or Assistant Teacher of junior high schools having 8 years service were eligible. Necessary posts for coordinator/co-coordinator at Block Resources Centres and coordinator at Nyaya Panchayat Resource Centres were created by the State Government. Large number of coordinator/co- coordinators at Block Resource Centres and coordinator at Nyaya Panchayat Resource Centres were appointed in pursuance of the Government order as modified from time to time. The engagements of coordinator/co-coordinator were initially for a period of two years.