Amitava Lala, J. - (1.) THE petitioners are Members of the Uttar Pradesh Secondary Education Services Selection Board (hereinafter in short called as the 'Board'). THE services of the petitioners are contractual in nature for a fixed period as available in the Uttar Pradesh Secondary Education Services Selection Board Act as amended from time to time. THE petitioners have basically challenged the vires of the Uttar Pradesh Secondary Education Services Selection Board (Third Amendment) Act, 2007 (U.P. Act No. 4 of 2008), in which the tenure of service of the Members remained two years as before in the erstwhile amended Act i.e. Uttar Pradesh Secondary Education Services Selection Board (Second Amendment) Act, 2007 (U.P. Act No. 22 of 2007) but the tenure of the Chairman is enhanced from two years to five years. A plea has been taken by the petitioners that there is no intelligible differentia between the nature of service to be rendered by the Chairman and the respective Members of the concerned Board. THErefore, there is no occasion to enhance the tenure of the services of Chairman. THE amendment of the Act, even by the legislative body, appears to be colourable exercise of power.
(2.) IN support of the contentions of the petitioners Mr. Radha Kant Ojha, learned Counsel appearing for the petitioners, has drawn our attention towards the earlier amendments. According to him, by the original Act being the Uttar Pradesh Secondary Education Services Commission and Selection Board Act, 1982 (U.P. Act No. 5 of 1982) the tenure of the Members and Chairman of the Board was fixed for a term of six years. By the Uttar Pradesh Secondary Education Services Commission and Selection Board (Amendment) Act, 1992 (U.P. Act No. 1 of 1993) the tenure was reduced from six years to three years. Further, by the Uttar Pradesh Secondary Education Services Selection Board (Amendment) Act, 1995 (U.P. Act No. 15 of 1995) the tenure of members was increased from three years to four years. By a further amendment, being the Uttar Pradesh Secondary Education Services Selection Board (Second Amendment) Act, 2006 (U.P. Act No. 40 of 2006) such tenure of four years was extended to six years. The petitioners were appointed on 1st November, 2006 as Members of the Board. IN further, by U.P. Act No. 22 of 2007 the tenure of six years was reduced to two years for Chairman and Members both. However, subsequently by the impugned amending Act, being U.P. Act No. 4 of 2008, the tenure of Chairman has been raised to five years from two years when the tenure of the Members for two years remained as it is. Admittedly, the petitioners did not challenge the U.P. Act No. 22 of 2007, by which the tenure of the Members inclusive of Chairman was reduced from six years to two years. As a result whereof, the petitioners had admittedly no case but when various queries have been made by the Court, they sought amendment of the prayer challenging the vires of such Act i.e. U.P. Act No. 22 of 2007 without making any averment in the petition in that regard. Therefore, such amendment, which was allowed initially for the sake of convenience of the parties to argue on merits, is insufficient in nature for the appropriate purpose and outcome of afterthought. It is clear and categorical that all the arguments are poised down to a point that there is no basic difference between the nature of works of the Chairman and the Members of the Board and as such when in the earlier occasion the tenure was reduced to two years for both, there was no necessity to change the tenure of the Chairman and the Members under the impugned amendment. Therefore, the petitioners' case is not for the purpose of reduction of their own tenure but increase of tenure of the Chairman. Mr. Ojha has shown definition of Chairman' and 'Member' from the original Act i.e. U. P. Act No. 5 of 1982. The definitions of the Chairman and the Members as under Sections 2(b) and 2(g) therein are quoted hereunder: "(b) 'Chairman means the Chairman of the Commission, and includes any other person performing in the absence of the Chairman, for the time being, the functions of the Chairman;" "(g) 'Member' means a member of the Commission and includes its Chairman;"
(3.) IN further, he placed before us the Uttar Pradesh Secondary Education Services Selection Board (Procedure and Conduct of Business) (First) Regulations, 1998 (hereinafter in short called as the 'Regulations') to establish that there is no basic difference between the nature of service between the Chairman and the Members. We find from the Regulations 11 and 13 of the Regulations what are the powers and duties of the Chairman and Members respectively. Therefore, Regulations 11 and 13 are quoted hereunder: "11. Powers and duties of Chairman.-(1) Subject to the provisions of the Act, the Chairman shall exercise administrative, disciplinary and financial powers of the Board, and shall- (a) preside overall the meetings of the committees of which he may be a member; (b) co-ordinate the working of the Board and its Vice-Chairman and members; (c) be the controlling officer of the members for the purposes of sanctioning casual leave and passing of travelling allowance bills; (d) have the power of supervision over the working of the officers and employees of the Board. (2) If the Chairman, by reason of his absence or any other reason, is unable to perform his duties, he may, by general or special order, authorise Vice-Chairman or any member to perform such duties: Provided that all the matters in which decisions or actions have been taken during the period of absence of the Chairman, shall be placed before him for information as soon as he resumes his office." "13. Powers and duties of the members.-Subject to the provisions of the Act and the rules made thereunder and the decisions of the Board, a member shall assist the Chairman in the selection of candidates for different categories of posts and shall discharge such other duties as may be assigned to him by the Chairman.";