Hon'ble Virendra Singh,J.
Issue notice to the respondent no.1 and 2. Steps be taken within a week.
Learned counsel for the petitioner contended that on the complaint filed by respondent no.2 before U.P.State Commission for Backward class an order has been passed on 11.1.2010 that the petitioner to appear in person before the Commission. It is submitted that respondent no.2 was appointed on the post of Receptionist under the Self Finance Scheme and respondent no.2 was given consolidated salary of Rs.6000/- per month. The respondent no.2 filed a writ petition No.38847 of 2009 which is pending for consideration. Copy of the appointment letter dated 24.4.2006 has filed as Annexure-6 to the writ petition, which indicates that respondent was appointed on fixed salary under Self Finance Scheme. In the complaint the respondent no.2 has made a request for regularization her service and on the complaint of respondent no.2 the Vice Chancellor of the University has been summoned by the Commission. No reason has been given in the order for summoning the Vice Chancellor by the Commission. We fail to understand that for what purposes of hearing of the complaint the presence of the Vice Chancellor is required by the Commission. The petitioner has made out a prima facie case for staying the order passed by the Commission. Let the proceedings before Commission may go on, but the order dated 11.1.2010 for presence of the Vice Chancellor in the proceedings, shall remain stayed.
The respondents may file counter affidavit within three weeks.
List thereafter.
Certified copy of this order be given to the counsel for the petitioner on payment of usual charges within 24 hours.
Order Date :- 19.1.2010 Hsc/