JUDGMENT : 1. Counter affidavit filed on behalf of the University in the Court is taken on record. 2. The petitioners before this Court are the contractual employees working on Class-IV post in the Kumaon University, Nainital (from hereinafter referred to as ‘University’) for the last more than five years. All of them were appointed between 2004 to 2008 and have been working as such on contractual basis. They seek regularization on the Class-IV post in terms of the Rules of 2013 known as “Regularisation of Daily Wager, Work Charge, Contractual, Fixed Salary, Part Time and Temporarily appointed Employee Rules, 2013” (from hereinafter referred to as ‘Rules of 2013’). 3. Admittedly these rules are applicable in the case of the University. It is also admitted case of the University that the petitioners have been working on regular substantive vacancies. Moreover, as per the University the petitioners are 20 in numbers whereas there are 25 posts lying vacant. 4. The only difficulty in regularization of petitioners is that all these 25 posts can only be filled by Scheduled Tribes (in short ‘S.T.’) or by Other Backward Class (in short ‘O.B.C.’) candidates. In other words, all these posts are reserved, whereas all the petitioners belong to General category. The University has hence shown its inability in regularizing the services of the petitioners on the posts which are admittedly reserved for S.T. and O.B.C. candidates. 5. Admittedly reserved posts can only be filled by reserved category candidate i.e. S.T. and O.B.C. in the present case. All the same, the contention of the petitioners would be that in this manner the seats will always remain vacant and will never be filled by regular appointments, as it is again an admitted case of the University that no S.T. and O.B.C. candidates is available in the University for regularizing on these posts. Further no candidate can also be recruited by way of direct recruitment, inasmuch as, the Class-IV posts have now been declared as ‘dying cadre’. According to the petitioners, such posts can only be filled by way of regularization of daily wagers or contractual employees, such as the present petitioners. 6.
Further no candidate can also be recruited by way of direct recruitment, inasmuch as, the Class-IV posts have now been declared as ‘dying cadre’. According to the petitioners, such posts can only be filled by way of regularization of daily wagers or contractual employees, such as the present petitioners. 6. Considering this unique situation this Court is of the view that the only possible solution by which the petitioners services can be regularized on these posts is of the State itself dereserve the posts, if the University forwards such a proposal to the State Government. Let a decision be taken by the University in this matter within a period of six weeks from the date of production of a certified copy of this order. 7. In view thereof, the writ petitions stand disposed with a liberty to the University to send a proposal for dereserving the Class-IV posts in the University, which shall be considered by the State Government in accordance with law. Only if such a decision is ultimately taken by the Government, the regularization of the petitioners on these posts can be considered.