D.P.SINGH, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE relief claimed in this petition is for quashing an advertisement No. 1 of 2001 inviting applications for appointment to the posts of Routine Grade Clerks, Data Entry Operators and Stenographers. A further prayer is for grant of appointment on the aforesaid posts and for regularization. Large number of non-teaching employees were appointed by various Universities of the State without any sanctioned posts. The petitioners were also appointed as Class III employees against such unsanctioned posts in Mahatma Gandhi Kashi Vidya Peeth, Varanasi, (hereinafter referred to as the University) which is a University governed by the U.P. State Universities Act, 1973 and its first statutes framed thereunder. A committee was constituted to deal with this problem and it submitted its report to the State Government. The State Government vide its order dated 19.2.1998 sanctioned total of 184 non-teaching posts of different category for the University for the purposes of absorbing such employees working on various unapproved posts. This Government Order was followed by various Government Orders dated 4.4.1998, 27.4.1998, 2.5.1998, 27.5.1999 and 5.12.2000. The Government Order prescribed various formalities to be followed for absorption and further provided that the reservation rules in vogue should be followed while passing appointment/absorption orders. In pursuance of the procedure provided, the Executive Council of the University constituted a committee, which examined the cases of all such appointees, including the petitioners, and prepared a tentative list of those persons who were sought to be absorbed and pasted the list on the notice board inviting objections. Some of the petitioners filed their objections whilst others did not. After considering the objections, the committee submitted its report to the Executive Council, which accepted it and forwarded the list to the State Government and after its clearance, large number of persons, but excluding the petitioners, were absorbed/appointed on various posts. However, the impugned advertisement has been issued inviting applications for filling up 18 posts of Routine Grade Clerks, 12 posts of Data Entry Operators and 12 posts of Stenographers, which is impugned on the ground that the petitioners who are working as Routine Grade Clerks should be absorbed in those vacancies.
(3.) LEARNED Counsel for the petitioner has firstly urged that at least 22 persons, whose names have been given in paragraph 33 of the writ petition had been wrongly absorbed against those posts created in 1998 even though their names did not form part of the list sent to the Stage Government prior to creation of the posts. Therefore, it is contended, that the petitioners should be absorbed on those posts.;