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Arvind v. State Of U.P. And Others - WRIT - A No. - 54725 of 2006 [2007] RD-AH 17637 (13 November 2007)

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Court No. 10

Civil Misc. Writ Petition No. 54725 of 2006

Arvind ............ Petitioner


State of U.P. and others ............ Respondents


Hon'ble Pankaj Mithal, J.

Heard learned counsel for the petitioner and Sri Pankaj Rai, learned Standing counsel for respondents No. 1 and 2.

From the facts narrated in the writ petition, it appears that two posts of class IV employee fell vacant at the institution Zila Panchayat Inter College, Aunta, Allahabad. The principal of the college sought permission to fill up the said posts. The DIOS vide letter dated 20.6.2006 permitted the principal to advertise and fill up the said two posts provided: (1) the posts have been substantively created; (2) the posts are duly advertised in two widely circulated newspapers; (3) the posts are filled up in accordance with the reservation rules applicable; and (4) the selection committee is constituted in accordance with U.P. 'Samooh Gha' Karmchari Chayan Niyamavali 1985 as amended from time to time. However, the permission so granted was unilaterally withdrwan by the DIOS vide letter dated 1.7.2006 on the ground that the U.P. 'Samooh Gha' Karmchari Chayan Niyamavali 1985 has been amended on 3rd March 2006 and, therefore, the selection committee has to be constituted in accordance with the said amended Niyamavali.

The petitioner is one of the candidates for the post of class IV employee which has been advertised in pursuance of the permission granted by the DIOS. Therefore, he is a person aggrieved by the order withdrawing the permission to fill up the post.

Learned counsel for the petitioner has argued that the constitution selection committee has nothing to do with the permission granted to the principal to fill up the posts of class IV employee and, therefore, the DIOS was not justified in withdrawing the permission granted to fill up the posts vide letter dated 20.6.2006.

A perusal of the permission granted by the DIOS reveals that the aforesaid permission was subject to certain conditions as specified above. The question of due constitution of selection committee is a matter which is to be considered and decided by the DIOS while according approval to the recommendation or appointment made by the principal. Accordingly, the DIOS was not justified in withdrawing the permission at this stage. Therefore, the impugned order dated 1.7.2006 (Annexure 9 to the writ petition) is hereby quashed with liberty to the DIOS to pass appropriate order approving or disapproving the appointment made by the principal if the selection committee is not found to be duly constituted in accordance with the U.P. 'Samooh Gha' Karmchari Chayan Niyamavali 1985 as amended from time to time.

With the above observation, the writ petition is disposed of.

Dt. 13.11.2007



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