HEM CHANDRA SINGH Vs. STATE OF U.P. THROUGH SECRETARY, BASIC EDUCATION, GOVT. OF U.P., STATE SECRETARIAT, LUCKNOW AND OTHERS

JUDGEMENT

(1.) HEARD Sri S.P. Pandey, learned Counsel for the petitioner, who contends that clause 3 of the Government Order dated 29.6.2002 cannot be construed to mean that that the Coordinators, who are to be selected at the block level have to suffer from disqualification for being selected as provided under clause 3 thereto. He submits that the impugned advertisement is invalid and to that extent, the Government Order should also be struck down as tends to artificially create a class that has no rational nexus with the object sought to be achieved under the Government Order.

(2.) I have heard learned Counsel for the petitioner and perused the Government Order as well as the Advertisement. The Government Order clearly contemplates selection at the Nyay Panchayat, Block Level and District Level. The Government Order is composite and therefore relates to selections at all levels. The disqualification for being selected as provided under clause 3, therefore, applies to all. The basis of challenge to the said clause is that it forms a different class in spite of the fact that such experienced persons, who have longer experience, are sought to be eliminated by virtue of selection.

(3.) CLAUSE 3 of the Government Order is a policy decision. The State Government in its wisdom has decided not to include such persons, who are to retire within 10 years for the purpose of being selected as a Coordinator. This policy can neither be said to be arbitrary or erroneous. There is hardly any material which may warrant this Court under Article 226 of the Constitution to declare the said clause to be arbitrary or violative of Article 14 of the Constitution of India. Consequently, the impugned order does not require any interference.