Court No. - 58
Case :- WRIT - A No. - 3174 of 2019 Petitioner :- C/M, Acharya Nami Sagar Jain Inter College, Meerut, And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satya Prakash Singh,Bajrang Bahadur Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 19.12.2018, rejecting petitioner's claim for class IV post to be filled in accordance with the provisions of regulation 101 framed under the U.P. Intermediate Education Act, 1921. The plea of petitioner in that regard has been rejected by observing that the post itself is required to be outsourced and it cannot be filed by the Committee of Management.
Learned counsel for the petitioner submits that the decision taken by the authorities is in teeth of the law laid down by a Division Bench of this Court in Writ Petition No.45060 of 2015 (Principal, Abhay Nandan Inter College, Vishnu Mandir and another vs. State of U.P. and others) vide judgment and order dated 19.11.2018. The Division Bench has been pleased to observe as under in para 92 to 94:-
"92. Since the wider issue of validity has not been decided therein, it cannot be said that except to the extent the amended Regulation has been read down by this Court, rest Regulation stands affirmed by aforesaid judgment. A judgment is a binding precedent to the extent an issue is raised, argued and decided therein. It is not to be read as a statute. It cannot be read to cover something to which it has made no adjudication. We, therefore, find no obstruction in proceeding to consider validity of amended Regulation vide G.O. dated 04.09.2013 in these sets of writ petitions where this issue has been specifically raised, argued and Court has been called upon to adjudicate thereon.
93. In the result, writ petitions are allowed. Regulation 101 of Regulations, framed under Act, 1921, as amended vide Government Order dated 04.09.2013, insofar as it provides that vacancies of Class IV shall be managed only by 'Outsourcing', is arbitrary, illegal and ultra vires, hence struck down and impugned Government Order dated 04.09.2013 to this extent is declared ultra vires.
94. The orders impugned in all these writ petitions, which have been passed by concerned Educational Authorities in the light of Regulation 101, as amended by Government order dated 04.09.2013 whereby Class IV vacancies were only to be managed by Outsourcing, are hereby set aside. The said authorities are now directed to reconsider the matter and pass appropriate orders in accordance with law without any further delay and in any case, within two months from the date of production of a certified copy of this order."
As the decision impugned in that regard is inconsistent with the law laid down by this Court in Principal, Abhay Nandan Inter College, Vishnu Mandir (supra), which has disapproved the provisions of outsourcing itself, the order impugned cannot be sustained.
Writ petition, accordingly, succeeds and is allowed. Order impugned dated 19.12.2018 stands quashed. The Inspector shall take a fresh decision, keeping in view the law laid by this Court in Principal, Abhay Nandan Inter College, Vishnu Mandir (supra), within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 28.2.2019 n.u.