BALRAM BALMIKI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri S.P. Pandey, and Shri S.N. Gupta for the petitioners. Learned Standing Counsel appears for the respondents.

(2.) ALL the petitioners claim to belong to Scheduled Caste traditionally engaged in the work of sweeping and cleaning. By this writ petition they have prayed for quashing a select list dated 30.8.2008 published on 31.8.2008 declaring the results of the selections of 'Safai Karmis' in district Lalitpur.

(3.) THE Group-D Employees Service Rules, 1985 did not provide for the method of recruitment of 'Safai Karmi'. THE sources of recruitment in Rule 6 for 'Sewakar' included in item (a) is by direct recruitment, whereas for 'Safai Jamada' in item (e) is to be appointed by promotion from permanent Safaikar. THE educational qualifications for the post other than peon, messenger and Cyclostyle operator, is prescribed in Rule 10 and provides that there is no educational qualification required for the post but that preference shall be given to the person, who is educated and is able to atleast read and write Hindi in 'devnagri script'. THE method of recruitment provided in Rule 16 includes constitution of a selection committee, which includes (1) the appointing authority; (2) if the appointing authority does not belong to scheduled castes or scheduled tribe, an officer belonging to scheduled castes and scheduled tribe, nominated by the appointing agthority; and (3) if appointing authority does not belong to OBC and officer to OBC nominated by the appointing authority with a proviso that if in the department or establishment, no such appropriate officer of the categories is available, on the request of the appointing authority the District Magistrate shall nominate such officer and if no such officer is appointed then an officer, who may be nominated by the Commissioner. THE process of recruitment under Rule 19 provides for determination of vacancies by the appointing authority in sub-rule (1) to be sent to the employment office and for directly calling such of those, who are registered in the employment office; publication of such advertisement on the notice board and in atleast one local newspaper. All the applications shall be placed before the selection committee. When the selection committee receives under sub-rule (2) applications for both general and reserved categories, it shall interview the candidates and make selection on various posts. Sub-rule (3) provides that selection committee shall for the purposes of giving weightage to the retrenched employees shall give 5 marks for one year of completed service and 5 more marks for completed service of the other full years but these marks shall not be more than 15. THE number of candidates, who are selected in sub-rule (4) shall not be more than 25% of the number of advertised vacancies and that select list will be prepared in accordance with the marks secured in the interviews.