- (1.) R. K. Agrawal, J. Christening an organization or an institution after national or internationally reputed personalities, whether they are political leaders or religious persons, does imply that the aims and objectives for which such person had struggled and lived, would be followed by the persons who are at the helm of affairs of that organization or institution. But, these days it has become a fashion to name the institution or the organization after such reputed persons without caring to follow their lifestyle and work. The case in hand is one such glaring example. Even though the petitioners have given the name of the father of the nation to their College who devoted his entire life for the upliftment of a class of society who were at that time treated by the society as untouchables and whom Bapu lovingly called Harijan, the petitioners with all their might have been resisting to give appointment on the post of Assistant Clerk to a person who belongs to reserved category and that too whose appointment is being made on compassionate ground. It is being done on the flimsy ground that the post is unreserved and cannot be filled up by a person belonging to a reserved category. What a paradox?
(2.) BY means of the present writ petition filed under Article 226 of the Constitution of India, the Committee of Management of Shri Gandhi Inter College, Mangroo, District Mahamaya Nagar through its Manager, Ajai Singh Rana and he in his personal capacity seek a writ, order or direction in the nature of certiorari quashing the orders dated 21-12-2002 and 11-2-2003 passed by the District Inspector of Schools, Mahamaya Nagar, respondent No. 1, filed as Annexures 1 and 2 to the writ petition and other consequential reliefs. Briefly stated the facts giving rise to the present petition are as follows. In the district of Mahamaya Nagar there is an intermediate college in the name and style of Shri Gandhi Inter College, situate at Mangroo, (hereinafter referred to as 'the College' ). It is recognised under the provisions of the U. P. Intermediate Education, 1921 (hereinafter referred to as "the Act") and the Regulations framed thereunder. The salary of the teachers and employees of the College is being paid by the State Government under the provisions of the U. P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971. In the College there are two posts of Assistant Clerk out of which one post has been filled up by way of promotion of Jogendra Singh from amongst the Class IV employees, who belongs to the reserved category. The other post is lying vacant. It appears that father of the respondent No. 2 who was working as Principal in Saidabad Inter College, Saidabad, District Mahamaya Nagar died while in service. The respondent No. 2 applied for appointment on compassionate grounds. The Selection Committee, constituted for that purpose, selected the respondent No. 2 on the post of Assistant Clerk and allocated him Saidabad Inter College, Saidabad, District Mahamaya Nagar. The District Inspector of Schools directed the Committee of Management, Saidabad Inter College, Saidabad to give appointment to the respondent No. 2 on the post of Assistant Clerk. It appears that there was no vacancy on the post of Assistant Clerk in the said College whereupon the District Inspector of Schools vide order dated 1st June, 2002 allocated M. L. Inter College, Sahpau, District Mahamaya Nagar. The Manager of M. L. Inter College also intimated that there was no vacancy on the post of Assistant Clerk. The District Inspector of Schools vide order dated 21st December, 2002 allotted/adjusted the respondent No. 2 in the College as a post of Assistant Clerk was lying vacant in the said College. The petitioners did not issue the appointment letter to the respondent No. 2. Vide order dated 11th February, 2003 the District Inspector of Schools directed the petitioners to issue the appointment letter to the respondent No. 2 within 15 days and also to submit the salary bills failing which recommendation would be made under Section 3 (3) of the Payment of Salaries Act for appointment of an Authorised Controller. The orders dated 21st December, 2002 and 11th February, 2003 are under challenge in the present writ petition. I have heard Sri V. K. Agarwal, learned counsel for the petitioner and the learned Standing Counsel and Sri K. P. Shukla, who represents respondent No. 2.
(3.) LEARNED counsel for the petitioner submitted that under Regulation 102 of the Regulations contained in Chapter III of the Regulations framed under the Act, the appointing authority is required to intimate the vacancy occurring on account of retirement, death, resignation or on account of any other reason on the post of clerk and peon in the College to the District Inspector of Schools within a specified period. According to him, under the Regulation 103, if a Teacher or employee dies during service, one member of the family of the deceased is entitled to be appointed on the post of teacher or clerk or peon, according to his qualification. Under Regulation 105, the matter is to be considered by the committee which will give its recommendation and follow up action is to be taken thereupon. According to him, under Regulation 106, such compassionate appointment has to be made in the School/college where the deceased was working/employed and if there is no vacancy in the said College then the appointment can be made in a School/college in the district and if there is no vacancy in the schools/colleges in the district then appointment should be made in the college where the deceased was working by creating a supernumerary post. According to the learned counsel for the petitioners, in the present case the committee has not selected the respondent No. 2 for the College of the petitioners. On the other hand he was specifically selected for Saidabad Inter College, Saidabad and if there was no vacancy in the said college, a supernumerary post ought to have been created for adjusting respondent No. 2 in the said college. Thus, he submitted that the order dated 21st December, 2002 is wholly illegal and without jurisdiction. He further submitted that the post which is lying vacant in the College of the petitioners is to be filled up by way of direct recruitment. The other post which has been filled up by way of promotion is occupied by a candidate belonging to the reserved category. As the respondent No. 2 also belongs to the reserved category if he is appointed both the posts of clerk would be filled up by the candidates belonging to the reserved category whereas the said post is to be filled up from amongst the general candidates. Thus, he submitted that the respondent No. 2 cannot be appointed on the vacant post of clerk in the College in question.;