- (1.) As to whether U.P. State Commission for Backward Classes (hereinafter referred to as ' Commission') constituted under U.P. State Commission for Backward Classes Act, 1996 is couched with power and authority under Section 9 read with Section 10 of the said Act to determine a lis relating to service matter of an individual is the question which is engaging attention of this Court in the instant writ petition.
(2.) Heard Sri Himanshu Shekhar, learned counsel appearing for the petitioners- State of U.P. through Principal Secretary Education Civil Secretariat, Lucknow and others and learned counsel for Commission as well as learned counsel for complainants and perused the documents and material available on record.
(3.) Facts of the case which led to filing of the instant writ petition whereby a challenge has been thrown by the State of U.P. to an order dated 13.08.2004, passed by the Commission in Case No. 226 of 2000, Ram Sewak and others -versus- Regional Joint Director of Education, Lucknow, are that a complaint by Sri Ram Sewak, Sri Divakar Singh and Sri Brij Gopal was made to the Commission praying therein that an appropriate direction be issued to make available lecturer's pay-scale to them and to relieve them of alleged exploitation. In the said complaint, it was stated by the complainants that they had teaching in intermediate classes of Sohan Lal Higher Secondary School, Rajendra Nagar, Lucknow since July, 1998 (hereinafter referred to as 'Institution') but no efforts were made by the Management of the said Institution regarding their promotion and payment of pay-scale of lecture grade. It was also stated in the said complaint that the Institution was recognized to run high school and intermediate classes along with the financial grant under which the high school and intermediate classes are being run. However, for certain reasons, with the consent and concurrence of the District Inspector of Schools, Lucknow, intermediate classes were suspended for some years.;