SHANKER DAYAL NIGAM Vs. DIRECTOR HIGHER EDUCATION

JUDGEMENT

(1.) Heard Sri R.K. Nigam for petitioner and learned Standing Counsel. Sri P. Padia appears for the College.

(2.) The petitioner has prayed for quashing the order dated 13.1.2004 of the Joint Director of Education (Higher Education), Allahabad by which he has refused to relax the maximum age of the petitioner and to give approval to the irregular appointment of petitioner made in April, 2003, after four years of the advertisement dated 26.3.1999. The petitioner has also prayed for regularising of his services the petitioner as Stenographer in the grade of Rs. 4500-7000 from retrospective effect giving him all the consequential benefits as per selection proceedings already drawn and approved.

(3.) The facts giving rise to this petition are that the petitioner was engaged as Stenographer in Bundelkhand College, Jhansi on daily wages since 1995. The post was advertised for selection on 26.3.1999. The selections were required to be made under Statutes 19.3(c) and (d) of the First Statute of the University made under U.P. State Universities Act, 1973. Statute 19.3(4) provides that the salary shall not be paid until the selection is approved by the Director of Education (Higher Education) or any officer authorised by him in this behalf. It is contended that an advertisement was made in the newspaper 'Pioneer' on 26.3.1999 inviting applications for the post. The advertisement prescribed the minimum and maximum age as 18 years and 40 years respectively. The selections were pending for about 4 years. The reasons for delay have not been explained in the writ petition. In Para 15 it is stated that the selection proceedings were finalized by the Committee and the final panel was drawn on 20.3.2003 in which the petitioner was placed at SI. No. 1. In Para 18 it is stated that since the college was not having its management, the powers of approval were vested in the Authorised Controller to approve the panel vide Office order dated 20.3.2003. Thereafter the panel was required to be submitted to the Regional Higher Education, Jhansi for approval. The Regional Higher Education Officer, Jhansi has found that the petitioner is 43 years and 6 months old, whereas the maximum age for appointment of a clerk is 35 years, and that the power of relaxation is only available with the Director of Education (Higher Education), U.P., Allahabad.