Kulbhaskar Ashram P . G. College v. State of U. P.
2023-05-19
AJIT KUMAR
body2023
DigiLaw.ai
JUDGMENT : Ajit Kumar, J. Heard Shri Chandan Sharma, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Shri Kavish Suhail, learned Advocate, holding brief of Shri Pratik Chandra, learned counsel for the State-University. 2. Petitioner before this Court is a Postgraduate, aided and recognized degree college affiliated to Prof.Rajendra Singh (Rajju Bhaiya) University, Prayagraj. It so happen that on account of retirement of a Group-D employee, the post of Animal Catcher (Group-D Technical) fell vacant in the department of Zoology. Since the permission was required from the Director of Higher Education to fill up the post in question, the petitioner applied, but the Director of Higher Education, UP, Prayagraj, vide his order dated 1st March, 2023, refused to grant permission on the ground that the post in question is of Class-IV category, therefore, in the light of the Government Order dated 6th February, 2011, all Class-IV posts will be filled up through outsourcing except technical post. 3. The aforesaid order has been challenged before this Court in this petition on the ground that view expressed by the authority concerned is not sustainable in law because the post of Animal Catcher in the Zoology Department is a technical post and not a regular Group-D post. In this connection, petitioner has relied upon the Government Order dated 14th March, 1984, which determines norms for creation of post. 4. According to the learned counsel for the petitioner, the post created in laboratory in the faculty of Science is to be taken as technical post and not an ordinary Class-IV post. According to him, laboratory itself is indicative of a place, which is reserved for scientific or technological research, experiments, etc. and though all those hands they work in laboratory to facilitate the work of experiments and research would be taken to be technical hands only. 5. He submits that the norms that have been created in the Government Order dated 14th March, 1984, provide for different categories of employees in different departments like general category for the college and then for library and lastly for laboratory. Thus, the argument is that the Animal Catcher is liable to be taken as technical post in the department of Zoology that runs a laboratory. 6.
Thus, the argument is that the Animal Catcher is liable to be taken as technical post in the department of Zoology that runs a laboratory. 6. Per contra, it is argued by learned Standing Counsel that Animal Catcher has nowhere been defined as a technical post and unless and until specific qualifications are given qua particular category of posts, Class-IV post shall be taken to be general in nature and not technical. Yet another argument has been advanced by learned Standing Counsel that Court cannot put in something, which is not there to hold that a particular post would be a technical post. It is argued that Court is not a technical expert of the subject and unless and until the post is defined by the State Government to be a technical, it would not be appropriate to treat it technical. 7. Learned Advocate appearing for the University, interestingly, has adopted a neutral approach. He neither argued for the petitioner nor for the respondent. 8. Having heard learned counsel for the respective parties, I find the issue to be as to whether a post of Animal Catcher sanctioned in the laboratory of Zoology. It is first necessary to understand what the branch of Zoology is and what for the laboratory is required. 9. 'Zoology' is a branch of Biology, which specializes in the study of animals; living or extinct including their anatomy and physiology, embryology, genetics, evolution, classification, habits, behaviour and distribution. A laboratory of Zoology, therefore, provides the students with a suitable environment to understand the animal world related researches by exploring physical, morphological and physiological characteristics of animals. The normal techniques to do research work in the laboratory is like Radioimmunoassay (RIA) development of vaccines aseptic culture techniques, bacterial growth, isolation and identification of bacteria as well as use of statistical methods. For carrying out such studies, a number of instruments are required, which are not only put to operation with technical hands, but even those who carry them and are responsible for their upkeep are also to be taken as technical hands. Normally, the studies that have been taken place in the past and that are still continuing and are related to the animals like mice, rats, hamster, guinea pigs, rabbits and monkeys. 10.
Normally, the studies that have been taken place in the past and that are still continuing and are related to the animals like mice, rats, hamster, guinea pigs, rabbits and monkeys. 10. The post of Animal Catcher assumes significance for the fact that animals are required to do research work and the animals have not to be caught routinely, but Animal Catcher has to be efficient enough to locate a healthy animal and a technique to be used to trap them so that the animal does not get hurt before it is trapped and ultimately caught. If an animal gets hurt in the process of it being caught for the purpose of research work, it may develop an wound to house bacteria and virus, which will ultimately render the animal to be useless on one hand and violence with the animal on the other, which will not be good for the ecology. Thus, a post of Animal Catcher is necessarily required to be a technical post as person must possess with the technical hand to catch animal safely for the purposes of research. 11. Now, looking to the Government Order dated 14th March, 1984, I find that for the office purposes general posts in the category of Group-C, Group-B and Group-D have been created. The general category Group-D post is at the ratio of 5 posts per 100 students and for every increase of 200, an additional post is created. If the number of students reaches to 800, then 2 persons upon such post shall have to be appointed as Sweepers by the college. It is also provided that if more than 100 students are there, an additional post of Daftary will be sanctioned. Thus, in Class-IV general category, 3 posts have been prescribed; (i) Peon, (ii) Daftary and (iii) Sweeper. The Government Order thereafter proceeds to prescribe norms for library and in that category also Class-IV post as Library Peon has been created and if more than 1000 students are there, then Book Binder is an additional post should be created. The Government Order also provides that upto 300 students, there will be one post of Peon whereas on every increase of 500 students, there will be an additional post of Peon. 12. Similarly, the Government Order provides for different category of Group-C and Group-D posts for laboratory.
The Government Order also provides that upto 300 students, there will be one post of Peon whereas on every increase of 500 students, there will be an additional post of Peon. 12. Similarly, the Government Order provides for different category of Group-C and Group-D posts for laboratory. In the laboratory of Zoology, there is a post sanctioned of Animal Catcher. Similarly for the department of Physics, a Class-IV post created is Mechanic-cum-Electrician; in the department of Chemistry, a post of Gasman has been created and so in the department of Botany, a post of Mali has been created. The post of Lab Peon is also created upto 200 students, but in the department of Chemistry, if post-graduation courses is being run and is having more than one branch, then there will be an additional post of Lab Boy. 13. Clause-2 and 3 of the Government order dated 14th March, 1984, are produced herein as under: 14. Thus from the above, it is quite apparent that Lab Peon is a post separate from the technical posts provided in the laboratory. While Lab Peon will be working in the laboratory as a Peon, Gasman in the laboratory of Chemistry, Gardner (Mali) in the laboratory of Botany, Mechanic-cum-Electrician in the laboratory of Physics and Animal Catcher in the laboratory of Zoology are all technical posts. 15. I have already discussed above about the laboratory of Zoology and what the Animal Catcher will do and, therefore, I am not able to sustain the argument of learned Standing Counsel that the post is of general category to be taken as Class-IV post and will come within the ambit of the Government Order that provides for outsourcing in respect of Class-IV posts except in case of technical post. 16. Dealing with the argument that the Court may not substitute its own view to hold that a particular post is of technical post, if Government order is silent, is highly misplaced in the context of the present case. It cannot be doubted or disputed even by learned Standing Counsel that laboratory is a place where technically speaking research and experiments go on, to be specific, a technical work. The research and experiments are done with sound and expert technical hands and with the help of technology applicable to the field.
It cannot be doubted or disputed even by learned Standing Counsel that laboratory is a place where technically speaking research and experiments go on, to be specific, a technical work. The research and experiments are done with sound and expert technical hands and with the help of technology applicable to the field. A person with no knowledge of the field concerned/discipline concerned to which the laboratory belongs, cannot be of any help. Therefore, the posts like Gasman, Gardner, Mechanic-cum-Electrician and Animal Catcher are to be filled up by those, who are technically skilled persons. The Government Order, itself, provides Lab Boys and Lab Peons, which can be said to be of a general Class-IV category. 17. Under the circumstances, it cannot be said that if the Court holds the post meant for a laboratory purposes to be helping Class-IV hands as an aid to research work, would not be treated to be a technical post for the simple reason that the word 'technical' has not been used in the Government Order. If one defines the word 'technical', it may have many sense relating to the discipline and field concerned as in the case if laboratory of Chemistry, a Gasman is a person, who carries and maintain the gasses and, therefore, he should have a knowledge to manage it and this can be only when he has the technical skill. Similarly, Gardner is a skilled person in the field of plant and saplings to maintain a botanical garden and again a Mechanic-cum-Electrician is required to be skilled in dealing with machines and electric equipment. Therefore, Animal Catcher in the laboratory of Zoology will also be required to be skilled person technically sound in the field to catch animals safely for the purposes of research. 18. In view of the above, therefore, I hold that the post of Animal Catcher meant for a laboratory of Zoology is a technical post and cannot be taken to be a general Class-IV post. 19. Under the circumstances, the Government Order that provides for outsourcing dated 6th January, 2011, the post of Animal Catcher in the laboratory of Zoology would fall in the exception clause of technical Class-IV post. Thus, the institution is entitled to make regular appointment against sanctioned post of Animal Catcher in the laboratory of Zoology of the institution. 20. Accordingly, writ petition succeeds and is allowed.
Thus, the institution is entitled to make regular appointment against sanctioned post of Animal Catcher in the laboratory of Zoology of the institution. 20. Accordingly, writ petition succeeds and is allowed. The order dated 4th March, 2023, passed by the Joint Director of Education, Prayagraj, issued on behalf of Director of Higher Education, Uttar Pradesh, Prayagraj, is hereby quashed. The respondents are directed to grant permission to the petitioner-Institution to fill up the post of Animal Catcher by making regular appointment/recruitment as per the procedure prescribed for. Necessary permission shall be granted within 15 days of presentation of a certified copy of this order. 21. There will be no order as to costs.