Court No. - 34
Case :- WRIT - A No. - 10098 of 2021 Petitioner :- Principal, Deen Bandhu Inter College And Anotherr Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Yashwant Varma,J. Heard learned counsel for parties.
This petition has been preferred seeking the following relief:
"i. to issue a writ, order or direction in the nature of mandamus directing the Director of Education (Secondary) U.P. Lucknow to consider for granting prior permission to fill up the post of class-IV employee lying vacant in Deen Bandhu Inter College, Usaini, District Firozabad, as per regulation 101 of chapter III of the regulations framed under the U.P. Intermediate Education Act, 1921, within the period to be stipulated by this Hon'ble Court;"
The issue of engagement of Class-IV staff would have to be considered in light of the directions and orders passed by the Court in Writ -A No. 381 of 2020 (C/M Pandit Jawaharlal Inter College Fatehpur And Another Vs. State of U.P. And 2 Others). Dealing with the engagement of Class-IV staff pending disposal of the special leave petition before the Supreme Court, the Court notes the statement of the learned Advocate General in its order dated 10 November 2020 in the following terms:
"Insofar as the issue of Class -IV vacancies in secondary educational institutions is concerned, learned Advocate General draws the attention of the Court to the provisions made in Regulation 101 in terms of which Class-IV posts are contemplated to be filled only through outsourcing. The learned Advocate General further informs the Court that although Regulation 101 was struck down by a Division Bench of the Court in Writ Petition No. 45060 of 2015, the aforesaid judgment has been stayed by the Supreme Court in Special Leave Petition (Civil) Diary No. 18529/2019. In view of the aforesaid, learned Advocate General states that subject to the ultimate result of the SLP and pending its disposal, the State shall ensure that engagement of Class-IV employee by outsourcing is permitted and facilitated. The statement so made is recorded and accepted. The Court in view of the assurance of the learned Advocate General expects the respondents to provide all aid and assistance to Intermediate institutions for engagement of Class IV staff through outsourcing pending further orders on this batch forthwith."
In view of the aforesaid, this petition shall stand disposed of in light of the statement of the learned Advocate General noted in that petition.
Order Date :- 13.8.2021 Arun K. Singh