Sunil Ambwani, J. - (1.) THE petitioners applied for and were selected as 'Safai Karmis', a Group 'D1 post in the State Government, in pursuance to the advertisement dated 16th June, 2008 published by the office of the District Panchayat Raj Officer, Mirzapur in accordance with the U.P. Group 'D' Employees Service Rules, 1985. By this writ petition they have challenged the order of the District Magistrate, Mirzapur dated 23rd September, 2008 by which he has cancelled the entire select list on the grounds disclosed in the report of the enquiry committee dated 22.9.2008 finding irregularities and 'dhandhali' (corrupt practice) in the selection process. THE affidavits have been exchanged and with the consent of the parties, the matter was heard.
(2.) HEARD Shri Ashok Khare, Senior Advocate assisted by Shri Siddharth Khare, learned counsel for the petitioners. Shri Jafar Naiyer, Addl. Advocate General assisted by Shri S.P. Kesarwani, Addl. Chief Standing Counsel appears for the State-respondents. The State Government by Government Order dated 1st March, 2008 issued by the Chief Secretary, Government of U. P. decided to sanction one post of Sewa Karmi in every revenue village with total number of 1, 08, 848 post in the State in the pay scale of Rs. 2550-55-2660-60-3200 on temporary basis for maintaining cleanliness in the villages. The object for creating the posts, given in the Government Order is to provide facilities of development in the villages, to stop migration to the urban areas. It was found necessary to provide for proper drainage and cleanliness of the villages for which no arrangements were made so far and which affects the public health and sanitation for prevention of communicable diseases. The Government Order provides that these posts shall be created on temporary basis up to 28th February, 2009, unless they are cancelled earlier; the Sewa Karmi shall be employees of Gram Panchayat and shall be appointed by the respective Gram Panchayats. The service rules providing for the process of appointment and other service conditions were to be notified separately. By the second Government Order dated 11th April, 2008 the State Government decided with the consent of the Governor of Uttar Pradesh that the Safai Karmi to be appointed vide sanction of the posts by Government Order dated 1st March, 2008, will not be the employees of the Gram Panchayat. They shall be full time government employees, who shall work under the Panchayati Raj Department. Their appointments shall be made by the District Level Officer (District Panchayat Raj Officer) and that service rules for their appointment and service conditions will be separately notified. The Government Order dated 1st March, 2008 was modified accordingly. By a third Government Order dated 6th June, 2008 the State Government notified with the approval of the Governor of the State that the method of appointment of Sewa Karmi, in continuation to the directions given in Government Orders dated 1.3.2008 and 11th April, 2008 shall be the same as it is prescribed in the Group-D Employees Service Rules, 1985 as amended from time to time.
(3.) THE Group-D Employees Service Rules, 1985 did not provide for the method of recruitment of Safai Karmi. THE sources of recruitment in Rule 6 for Sewakar included in item (a) was by direct recruitment, whereas for Safai Jamadar in item (e) is to be appointed by promotion from permanent Safaikar. THE educational qualifications for the post other than peon, messenger and cyclostyle operator is prescribed in Rule 10 which provides that there is no educational qualification required for the post but that preference shall be given to the person, who is educated and is able to at least read and write Hindi in 'devnagri script'. THE method of recruitment provided in Rule 16 includes constitution of committee, which includes (1) the appointing authority (2) if the appointing authority does not belong to scheduled castes or scheduled tribe, an officer belonging to scheduled castes and scheduled tribe, nominated by the appointing authority and (3) if appointing authority does not belong to OBC and officer to OBC nominated by the appointing authority with a proviso that if in the department or establishment no such appropriate officer of the categories is available, on the request of the appointing authority the District Magistrate shall nominate such officer and if no such officer is appointed then an officer, who may be nominated by the Commissioner. THE process of recruitment under Rule 19 provides for determination of vacancies by the appointing authority in sub-rule (1) to be sent to the employment office; for directly calling such of those, who are registered in the employment office and publication of such advertisement on the notice board and in at least one local newspaper. All the applications shall be placed before the selection committee. When selection committee receives under sub-rule (2) applications for both general and reserved categories, it shall interview the candidates and make selection on various posts. Sub-rule (3) provides that selection committee shall for the purposes of giving weight age to the retrenched employees shall give 5 marks for one year of completed service and 5 more marks for completed service of the other full years but these marks shall not be more than 15. THE number of candidates, who are selected in sub-rule (4) shall not be more than 25% of the number of advertised vacancies and that select list will be prepared in accordance with the marks secured in the interviews. The Group-D Employees Service Rules, 1985 do not provide for any written examination. The selections after wide advertisement are based only on the marks obtained by the candidates in interviews to be awarded by the selection committee constituted under Rule 6 of the Rules.;