VIJAI PRAKASH DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) -Heard Sri M. M. L. Srivastava on behalf of the petitioners and standing counsel on behalf of respondents.

(2.) THE petitioners who are 4 in number claim to have been appointed as daily wage employees in the office of the Board of High School and Intermediate Education, Uttar Pradesh, Allahabad (hereinafter referred to as the Board), which is a statutory body constituted under the provisions of the Intermediate Education Act, 1921. THE appointment of the petitioners was made in order to cope with the increase of work of the Board due to rapid increase in the number of students appearing in the High School and Intermediate Examinations conducted by the said Board for the entire State of Uttar Pradesh as well as due to the increase in number of institutions recognized for the purposes of admitting students to appear in High School and Intermediate Examinations conducted by the Board. Prior to the appointment of the petitioners there were other similarly situated daily wage employees who had been working in the employment of the Board for years together.

(3.) IN fact, Writ Petition No. 3167 of 1991, Rajesh Kumar and others v. State of U. P. and others was filed claiming reservation to the extent of 45% against the newly created 160 posts. IN the said writ petition an interim order was passed by this Court whereby regularization of daily wage employees was stayed. The said writ petition was ultimately dismissed on 8.3.1994 with a direction that in case some of the posts created by the Government order dated 14.12.1990 remain unfilled even after regularization of daily wage employees, the respondents shall fill the same in accordance with Government order dated 15.3.1965 (providing reservation for Scheduled Castes/Scheduled Tribes).