Arvind Kumar Tripathi, J. - (1.) HEARD learned Counsel for the petitioner, learned Standing Counsel, learned Counsel for the respondent No. 4, Committee of Management and perused the record. The present writ petition has been preferred with the prayer to issue writ of certiorari quashing the order dated 1.3.2007 passed by the Director of Higher Education, U.P. Allahabad, annexure 10 to the writ petitioner and for quashing of that selection proceeding for post of Lab Assistant in the institution in pursuance of the advertisement dated 17.5.2007.
(2.) THE controversy involved in the present case is for promotion of Lab Bearer to the post of Lab Assistant. On 30.5.2007 the interim order was passed to the effect that till further order of this Court one post of Lab Assistant in question, in pursuance of the advertisement dated 17.5.2007, annexure 12 to the writ petition, should not be filled up by the respondent in the institution of Rastriya Kisan Post Graduate College, Shamli, District Muzaffar Nagar where the petitioner is working as Lab Attendant. The counter -affidavit was filed on behalf of Committee of Management. After hearing the Counsel for the parties the direction was issued by this Court on 21.4.2009 to Committee of Management to consider the case of the petitioner for temporary/adhoc appointment on the post of Lab Assistant in the 15% quota meant for lateral entry candidates. The brief facts of the case are that the petitioner was appointed as Lab Boy (Parichayak) in the year 1996 in the Rastriya Kisan Post Graduate College Shamli, District Muzaffar Nagar, which is affiliated with the Chaudhary Charan Singh University, Meerut. Four posts of Lab Assistant was created in the institution. Three post was to be filled up by the direct recruitment and one post was to be filled by promotion from amongst the employees of the science department. A Government Order dated 28.5.1984 was issued for the employees of the degree college that 15% post of clerk (class III) would be filled from amongst the class IV employees, who has completed five years continuous service and possess the minimum qualification for appointment of class III, whose services are found satisfactory. There was advertisement to fill the post of Lab Assistant. The representation was given on behalf of petitioner on 6.12.2004 for his promotion to the post of Lab Assistant under 15% quota. Again the representation was made on 11.6.2005 and 20.12.2005 for promotion of the petitioner. The recommendation was made by the principal of the institution for promotion of the petitioner on the post of Lab Assistant. The direction was also issued by the Director of Higher Education, Allahabad on 17.1.2006 to the effect that the Committee of Management was competent to appoint the petitioner on the post of Lab Assistant. When the petitioner was not promoted to the post of Laboratory Assistant, and the same was advertised for direct recruitment, then the present petition was filed.
(3.) LEARNED Counsel for the petitioner submitted that in para 24.01 of the Statute of the University, U.P. State Universities Act, 1973 "appointment to the post of Librarian, Deputy Librarian, Physical Education Instructor, Pharmacist, Routine Clerk or other post either in the pay scale of, or in a pay scale higher than that of Routine Clerk other than the posts mentioned in Statute 24.02 and Statute 24.03 shall be made by direct recruitment on the recommendation of a selection committee", however, the post of Librarian should be filled by promotion from the post of Deputy Librarian if the incumbent of the latter post possesses the prescribed minimum qualification for the post of a Librarian. In para 24.02 it has been mentioned that the "appointment to the post of Assistant shall be made by promotion according to seniority subject to suitability and fitness from amongst Routine Clerks. The qualification for Laboratory Assistant has been mentioned in para 27.01 -II "for the post of laboratory assistants. Intermediate or an examination recognized by the State Government equivalent thereto, in subject with which the laboratory is concerned, or High School or an examination recognized by the State Government equivalent thereto, with at least five years experience as laboratory bearer in the laboratory of the subject concerned. Hence the petitioner, who was working as Lab Boy (laboratory bearer) was qualified to be promoted and appointed as Laboratory Assistant under 15% promotion because in view of para 24.01 the post of Librarian, Deputy Librarian, Physical Education Instructor, Pharmacist, Routine Clerk or other post either in the pay scale of, or in a pay scale higher than that of Routine Clerk other than the posts are equivalent to the class III (clerk). After direction issued by this Court on 21.4.2009 the petitioner was promoted and appointed as Lab Assistant on 12.10.2009 and still he is working as Lab Assistant. Hence in view of the facts, the present petition be allowed and direction be issued to the respondents Committee of Management for appointment of the petitioner quashing the order dated 1.3.2007, annexure 10 to the writ petition and advertisement dated 17.5.2007 as far as it relates to one post of Lab Assistant in pursuance of the interim order dated 30.5.2007.;