Court No. - 58
Case :- WRIT - A No. - 23576 of 2018 Petitioner :- C/M V.K. Higher Secondary School, Kanpur Dehat Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Saxena Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against an order dated 5th October, 2018, whereby the petitioner Committee of Management has been informed that since selection committee for appointment to the post of Class-III employee is not in accordance with the Uttar Pradesh Procedure for Direct Recruitment For Group-C Posts (Outside the Purview of Uttar Pradesh Public Service Commission) Rules, 2002, as such fresh steps be taken to a constituted selection committee having nominee of the District Magistrate and the subject expert. This order appears to have been passed upon a request made by the petitioner for providing a nominee of District Magistrate in the selection committee itself.
Petitioner institution is an aided recognized Intermediate institution and the provisions of the U.P. Intermediate Education Act, 1921 are applicable. The regulations framed under Section 16-G of the Act of 1921 regulates the appointment of such Class-III employee. Regulation 2 of Chapter III of the Regulations framed under the U.P. Intermediate Education Act, 1921 is relevant and is reproduced hereinafter:-
"2.(1) For the purpose of appointments of clerks and Fourth class employes the minimum educational qualification would be the same as has been fixed from time to time for the equivalent employees of Government Higher Secondary Schools.
(2) Fifty percent of the total number of sanctioned posts of head clerk and clerks shall be filled among the serving clerks and employees through promotion. If employee possesses prescribed eligibility and he has served continuously for 5 years on his substantive post and his service record is good, then promotion shall be made on the basis of seniority, subject to rejection of the unfit. If any employee is aggrieved by any decision or order of the management committee in this respect then he can make representation against it to the Inspector within two weeks from the date of such decision or order. Inspector on such representation can make such orders as he thinks fit. Decision of the Inspector would be final and promptly would be final and promptly executed by the management.
Note:- In calculating fifty percent of posts parts less than half would be left and half or more than half post would be deemed as one."
So far as appointment to Class-III and Class-IV is concerned, the minimum qualification has to be such as may be prescribed for Government Higher Secondary Institutions. There is, however, no prescription of procedure for appointment in such institution. Learned counsel for the petitioner submits that it was under some misconception that the nominee of District Magistrate was invited, inasmuch as no such requirement exits in law. Submission is that order impugned, therefore, proceeds on a non-existent premise and it cannot be sustained.
Learned Standing Counsel was allowed time to obtain instructions. It is pointed out by learned Standing Counsel that the Rules of 2002 were since admitted by the petitioner to be applicable, the communication dated 5.10.2018 has been issued.
No provision of law has been shown to the Court whereunder the Rules of 2002 could be said to be applicable in the matter relating to appointment to a Class-III post in educational institution is concerned. No Government Order has otherwise been placed on record in that regard. In such circumstances, the communication sent by the District Inspector of Schools, Kanpur Dehat, cannot be insisted upon by the State for the purposes of making recruitment once the Rules of 2002 itself are not shown to be applicable.
In such view of the matter, it shall be open for the petitioner Committee to proceed with the recruitment, in accordance with law, and its validity shall be examined by the competent authority, in terms of regulations and the applicable rules.
In view of the above, this writ petition stands disposed of.
Order Date :- 30.11.2018 Anil