SHIKHA Vs. STATE OF U P

JUDGEMENT

(1.) A short question arises for consideration before this Court is that as to whether U. P. Direct Recruitment to Group 'd' Posts (inclusion of a Member Nominated by District Magistrate in Selection committee) Rules, 2006 promulgated by Governor of State of U. P. under the proviso to Article 309 of the Constitution of India shall apply in selection of Group 'd' posts of Higher Secondary Schools and Intermediate Colleges recognized under U. P. Intermediate Education Act, 1921 run and managed by the private managements?

(2.) THE brief facts leading to the case are that two posts of Class-IV employees were fell vacant in the institution, one post on account of retirement of smt. Chando Devi on 30. 6. 2005 and another on account of retirement of Smt. Raj kumari on 31. 3. 2006. On 29. 3. 2006 the Principal of the institution sought permission from the District Inspector of Schools, Allahabad for filling the aforesaid vacancies. In pursuance thereof, the District Inspector of Schools-II, allahabad granted permission to the Principal of the institution to fill up the aforesaid two vacant posts of class IV employees in the institution vide order dated 4. 5. 2006, contained in Annexure-2 of the writ petition. On receipt of the permission for filling the aforesaid vacant posts advertisement was made in dainik Jagaran on 29. 5. 2006. In pursuance of aforesaid advertisement as many as 75 persons have applied for the selection and appointment against the aforesaid two vacancies. The Selection Committee constituted for the purpose held the selection on the basis of interview held on 16. 6. 2006 and letters of appointment were issued to the petitioners, who have been found selected in the aforesaid process of selection and they have also joined their respective post on 19. 6. 2006 in the institution in question. Thereafter the Principal of institution has sent a letter alongwith papers for approval to the District Inspector of schools on 20. 6. 2006 but instead of granting approval to the aforesaid appointment of the petitioners for payment of salary to them from the State exchequer as the institution is Government aided privately managed Intermediate college, the District Inspector of Schools vide impugned order dated 5. 7. 2006 has recalled his earlier order dated 4. 5. 2006 whereby the permission was granted for holding selection and appointment on the aforesaid class IV posts in the institution. The ground taken in the impugned order dated 5. 7. 2006, contained in Annexure-9 to the writ petition, by the D. I. O. S. is that the composition of selection committee for holding selection has already been changed vide notification dated 3. 3. 2006. The aforesaid notification has been filed by the petitioners as Annexure-10 to the writ petition. By the said notification the uttar Pradesh Direct Recruitment to Group 'd' Posts (inclusion of a member nominated by the District Magistrate in the Selection Committee) Rules, 2006, hereinafter referred to as Rules-2006, promulgated by the Governor of Uttar pradesh has been notified.

(3.) LEARNED Counsel for the petitioners has submitted that the aforesaid rules-2006 framed under the proviso to Article 309 of the Constitution has no application in respect of selection in question instead thereof the selection in question is governed by the Regulations 100 to 107 of Chapter III framed under u. P. Intermediate Act, 1921. While elaborating his submission learned Counsel for the petitioners has submitted that the provisions of rule framed under the proviso to Article 309 of the Constitution applies only in respect of public services and posts in connection with the affairs of Union of India or of any State. The said rule has no application with regard to the services of employees of higher Secondary Schools and Intermediate Colleges managed by private committee of management recognized under U. P. Intermediate Education Act. The services of non-teaching staff of the such educational institution recognized under said Act are governed by the provisions of aforesaid Act and Regulations framed thereunder, therefore, the recruitment and conditions of services of group 'd' employees of such educational institutions is not covered by the rules framed under the proviso to Article 309 of the Constitution of India as services of such employees cannot be said to be public services in connection with the affairs of Union of India or of any State. Accordingly, the impugned order passed by D. I. O. S. while placing reliance upon Rules-2006 referred above cannot be sustained. The submission of learned Counsel for the petitioners appears to be correct and deserves to be accepted.