MAHILA MAHAVIDYALAYA Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) Since in all the above writ petitions, the Government Order dated 6.1.2011 has been assailed by which a ban has been imposed by the State Government in making appointments of class IV employees in recognised and aided institutions, the same are being decided together by this common judgment and order. The Writ Petition No. 6389 (MS) of 2011 (Manila Mahavidyalaya, Kanpur thru. its Principal v. Principal Secretary, Finance, Lucknow and others) is taken up as leading case.

(2.) In this bunch of writ petitions, the petitioners pray for a writ in the nature of certiorari for quashing of the impugned Government Order No. Ve.Aa.-2-27/Dus-59 (M)/2008, dated 6.1.2011, issued by the Principal Secretary, Finance, Government of U.P., Lucknow, addressed to the principal secretaries and Directors of different departments. The subject of Government Order is up-gradation of sanctioned pay band and grade pay for class IV cadre of aided educational/technical educational institutions in the revised pay-scale pursuant to the recommendations of Vetan Samiti (2008). However, clause (2) of the Government Order has imposed a complete ban on the appointments of class IV posts in aided educational institutions. The petitioners further pray for a writ of mandamus commanding the opposite parties to allow the petitioners to make appointment on class IV posts.

(3.) Facts of the case, in brief, as per leading case, axe that the petitioner-institution is a girls college of Kanpur, imparting education in various disciplines of Humanities, Commerce and Science at the graduate and post graduate levels and is permanently affiliated to Kanpur University. The institution is run by a Society duly registered under the provisions of the Societies Registration Act. In respect of the courses, the petitioner-institution is on the grant-in-aid list of the State Government and the salaries to the teaching and non-teaching staff of the college is being paid out of the salary payment account of the State Government.