B. Amit Sthalekar, J. - (1.) The petitioner is the Committee of Management through its Manager and is seeking quashing of the order of the Regional Level Committee dated 08.05.2008 and the order passed by the Accounts Officer, Office of District Inspector of Schools dated 04.08.2010.
(2.) The facts of the case as emerging from the writ petition are that there is an Institution known as Krashak Inter College, Baltikra, District Deoria, which is recognized under the U.P. Intermediate Education Act, 1921 and the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 also applies to the said Institution. There are 12 sanctioned posts in Class IV, out of which 8 posts are already occupied and four posts are vacant. On 09.01.2006 the District Inspector of Schools, Deoria granted permission to the petitioner to proceed with making appointments on 4 vacant posts in Class IV. It is stated that the Officiating Principal of the College advertised the vacancy in the daily newspaper 'Swatantra Chetna' on 14.01.2006 and 'Aaj' on 16.01.2006 and applications were invited. Three posts were to be filled up by General Category and one post by Scheduled Caste. It is stated that the Committee of Management was unaware about the aforesaid advertisement and was kept in the dark by the Officiating Principal. It is in this process of selection that the respondents No. 6 to 9 were appointed in the Class IV. The appointments so made was granted approval by the Regional Level Committee after two years by the impugned order dated 08.05.2008.
(3.) In paragraph 10 of the writ petition it is stated that against the vacancies of General Category, 12 candidates had applied, out of which Mahesh Dwivedi, respondent No. 7, Atul Kumar Pathak, respondent No. 6 were selected in the General Category and Ram Ashrey Yadav, respondent No. 9 was selected in the OBC Category and Satendra Kumar, respondent No. 8 was selected in the SC Category. It is also stated that so far as the appointments to Class IV service is concerned, there are no Rules of Procedure and therefore, the Group -D Employees Services Rules, 1985 shall apply which provides that the Selection Committee shall comprise of the Appointing Authority and; "(1) If the appointing does not belong to SC or ST Category then a member nominated by the appointing authority belonging to the SC or ST Category. (2) If the appointing authority belongs to SC or ST Category then a member nominated by the appointing authority who does not belong to SC, ST or OBC Category. (3) If the appointing authority does not belong to OBC Category then a member nominated by the appointing authority from the OBC Category. If the appointing authority belongs to the OBC Category, then a member nominated by the appointing authority who does not belong to OBC or SC or ST Category.";