Court No. - 37
Case :- WRIT - A No. - 11691 of 2019 Petitioner :- Koman Kumar And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Parmatma Nand Ojha,Abhishek Shekhar Ojha Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Heard Shri P.N. Ojha, learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
The petitioners were selected to fill up Class-IV post in a minority aided intermediate college. Earlier permission was refused on the ground that the said post has to be filled only through outsourcing, but such a ground cannot be said to be still available with the respondents not to fill the post as in the case of Committee of Management, Lala Babu Baijal Memorial Inter College, Lodipur, Ghaziabad and another Vs. State of U.P. and others, reported in 2012 (4) ADJ 586 the provision of outsourcing has been held to be ultra-vires. As such, on such a ground the claim of the petitioner cannot be refused.
The writ petition is disposed of with the direction that the D.I.O.S. will pass appropriate orders in accordance with law, as far as possible, within two months from the date a certified copy of this order is presented before it, keeping in view the judgment rendered in the case of Principal, Abhay Nandan Inter College, Vishnu Mandir and another Vs. State of U.P. and others, reported in 2019(4) ADJ 819 (DB).
Order Date :- 30.7.2019 Sunil Kr. Gupta