UPENDRA NARAIN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) In this bunch of writ petitions, the petitioners have challenged the 3rd Amendment to the U.P. Industrial Training Institutes (Instructors) Service Rules, 1991 (in short the Rules of 1991) notified on 09.12.2003, deleting the higher teaching qualifications, introduced in the rules by the 2nd Amendment vide notification dated 08.08.2003, for the post of Vocational Instructors (Trade, Theory, Workshop, Calculation, Science, Engineering and Drawing) and Vocational Instructor (Practical) in the Industrial Training Institutes (in short ITI's) in U.P., and has held up selections on 738 vacancies out of a total 2942 sanctioned posts (both Permanent & Temporary) in the cadre.

(2.) Prior to the year 1991 the service conditions of the Vocational Instructors were regulated by the Government Orders and Administrative Instructions. The Rules of 1991 replaced these orders and provided for amongst other, the qualifications and method of recruitment. Rule 5 of the Rules of 1991 provides for recruitment through U.P. Public Service Commission on the basis of competitive examination and interview. The rules were amended in 1994 by 1st Amendment to these rules providing for source of recruitment through the Subordinate Services Selection Commission, under the Rules known as U.P. Procedure for Direct Recruitment for Group 'C' Posts (Outside the Purview of U.P. Public Service Commission) Rules, 1998, read with U.P. Procedure for Direct Recruitment to Group 'C' Posts of Technical Nature Or For Which Specific Qualifications are Prescribed (Outside the Purview of the U.P. Public Service Commission), Rules, 2001.

(3.) For various reasons, the selections on the vacancies could not be held. In order to meet the crisis precipitated on account of large number of vacancies, introduced a.'Prashikshan Mitra Yojana' (the scheme) vide circular dated 31.8.2000, initially for the financial year 2000-01 for appointment of 'Guest Speakers' on honorarium basis on contract. On the expiry of their fixed term, the 'Guest Speakers' appointed on contract basis under the scheme filed writ petitions to continue them and to regularise their services. The writ petitions were clubbed and heard with leading writ petition No. 6565 (SS) of 2001, Kalyan Rai v. State of U.P. All the writ petitions were dismissed by Hon'ble Pradeep Kant, J. on 05.3.2003 with the findings that the petitioners had withheld correct facts from the Court and without referring to the Amendment to the Rules of 1991, in 1994, obtained interim orders staying regular selections. A direction was issued to the Department of Industries, Government of U.P., the parent department, to hold selections within a period of four months by making advertisement, if the selections were not earlier advertised. It is reported that the special appeal was filed against the judgment and was dismissed.