Mandiyahoon P. G. Degree College Mandiyahoon Thru Principal v. State of U. P. Thru Prin. Secy. Finance U. P. Govt.
2014-07-25
SUDHIR KUMAR SAXENA
body2014
DigiLaw.ai
JUDGMENT Sudhir Kumar Saxena,J.: - This writ petition has been filed for a writ, order or direction seeking quashment of order dated 6.1.2011 inasmuch as educational authorities are not permitting educational institutes to make appointment of Class IV employees. 2. I have heard Sri Pt. S.Chandra for petitioner, Sri Vinay Tripathi for Purvanchal University as well as Standing Counsel. 3. It appears that Principal Secretary (Finance) vide Govt. Order dated 6.1.2011 has issued certain directions granting revised pay-scale to Class IV employees working in various educational institutes. Para 2 of the Government Order which has been assailed provides that no appointment of Class IV employees will be made except under the Dying-in-Harness Rules, 1974. Arrangement of Class IV employees will be made by outsourcing. 4. Submission of learned counsel for petitioner is that provisions of making appointment of Class IV employees are contained in various Statutes which regulate/govern secondary as well as higher education and said process cannot be put in abeyance by way of Government Order. 5. Matter came up before this Court by way of numerous writ petitions. This Court in the case of Committee of Management Lala Babu Baijal Memorial Inter College v. Chief Secretary & another, reported in 2012(4) A.D.J. 586 has held as under in para 68 which is being reproduced below: - "In the result, following writ petitions are decided in the following manner: (A) The Writ Petitions No. 11670 of 2011, 27387 of 2011, 27388 of 2011, 45111 of 2011, 33140 of 2011, 64630 of 2011, 68199 of 2011, 68591 of 2011, 68592 of 2011, 62476 of 2011, 63197 of 2011 and 1432 of 2012 are allowed to the extent that Para 2 of G.O. dated 6.1.2011 is struck down in its application to Secondary Educational Institutions recognised by the Board and governed by provisions of Act, 1921 and the Regulations framed thereunder being illegal, arbitrary, unconstitutional and ultra vires." 6. This judgment has been followed by Hon'ble D.K.Arora, J. while deciding bunch of Writ Petitions i.e. Writ Petition No. 6389 of 2011 (M/S) and others, the Court has observed that para 2 of the Government Order dated 6.1.2011 cannot substitute the provisions of the first statute of the Universities with respect to recruitment of Class IV employees.
This judgment has been followed by Hon'ble D.K.Arora, J. while deciding bunch of Writ Petitions i.e. Writ Petition No. 6389 of 2011 (M/S) and others, the Court has observed that para 2 of the Government Order dated 6.1.2011 cannot substitute the provisions of the first statute of the Universities with respect to recruitment of Class IV employees. Relevant paragraph of the judgment is being reproduced below: - "As far as the question of implementation of the Government Order dated 06.1.2011 is concerned, it is settled position of law that no Government Order, Notification or Circular can substitute the statutory provisions framed by the Authority in accordance with law as the Universities are the statutory bodies and its affiliated and associated colleges are governed with the provisions of the statutes framed under the provisions of the Act, 1973, therefore, this Court is of the considered view that para 2 of the Government Order dated 6.1.2011cannot substitute the provisions of the first statute of the universities with respect to recruitment of class IV employees." 7. In Writ Petition No. 3877 of 2014 (M/S), Committee of Management Tilakdhari Mahavidyalaya Jaunpur v. State of U.P. & others, this Court has passed the following order: -? "Heard Sri A.N. Tripathi, learned counsel for the petitioners, MS. Zeba Islam Siddiqui appearing for respondent No.5 and learned Standing Counsel. This petition has been filed for quashing Clause-2 of the Government Order dated 06.01.2011 which prevents the colleges from making appointment on Class-IV posts. Controversy is no more res integra as this Court while deciding number of petitions has declared that Clause-2 of the Government Order dated 06.01.2011 is unconstitutional. Since Clause 2 of the Government Order dated 06.01.2011 now does not exist in view of the judgment given in Writ Petition No. 6389 of 2011 (MS), it is directed that petitioners will also be entitled to the benefit of said order and respondents will not create hurdle to make appointment on Class-IV posts merely on the ground of Clause-2 of Government Order dated 06.01.2011. Petition is allowed as above." 8. No contrary view has been shown by learned Standing Counsel. Number of writ petitions are coming before this Court challenging the order of educational authorities whereby Managements are prevented from appointing Class IV employee. 9. It appears that educational authorities have not been informed about the above judgments given by this Court.
Petition is allowed as above." 8. No contrary view has been shown by learned Standing Counsel. Number of writ petitions are coming before this Court challenging the order of educational authorities whereby Managements are prevented from appointing Class IV employee. 9. It appears that educational authorities have not been informed about the above judgments given by this Court. Once the provision is declared ultra vires and struck down, same does not exist at all for any purpose, as such reliance placed by educational authorities on Government Order dated 6.1.2011 is absolutely misconceived. Consequently, it appears expedient to direct the State Government to issue necessary directions in this regard. 10. In view of the above, this writ petition is allowed. Para 2 of the Government Order dated 6.1.2011 is declared unconstitutional with regard to putting embargo upon the appointment of Class IV employees in Secondary as well as Higher Educational Institutes, Principal Secretary (Finance) will issue necessary directions in this regard within a month from today.