U. C. Srivastava, J. - (1.) By means of these three petitions, the appointment of an outsider as Deputy Director, Sports not by way of promotion but by taking him on deputation rejecting the three Regional Sports Officers Grade I who were entitled for promotion, is subject matter of challenge in these petitions.
(2.) Writ Petition No. 8868 of 1987 is being made the leading case which has been filed by one Chandra Behari Tripathi while Writ Petition No. 2964 of 1988 has been filed by the Union of Officers of the Sports Directorate and third Writ Petition No. 3063 of 1988 has been filed by one Surendra Nath
(3.) There were no statutory rules regarding the appointment and service conditions of the officers of the Directorate of Sports. For the first time the State Government framed the Uttar Pradesh Sports Directorate (Gazetted Service Rules, 1986, governing the service conditions, the manner and procedure of appointment, source of recruitment on the post of Director of Sports, Deputy Director of Sports, Regional Sports Officers (Grade I), Regional Sports Officer (Grade II). Rule 4 of the said Rules provide for a cadre of service, Same reads as under : "4. (1) The strength of the service and of each category of posts therein shall be such as may be determined by the Government from time to time. (2) The strength of the service and of each category of posts, therein shall, untill orders varying the same are passed under sub-rule (1), be as given in the Appendix - Provided that - (i) the Appointing Authority may leave unfilled or the Governor may hold in abeyance any vacant post, without thereby entitling any person to compensation ; (ii) The Governor may create such additional permanent or temporary post as he may consider proper." Rule 5 which is in respect of recruitment reads as under : "5. Recruitment to the various categories of posts in the service shall be made from the following sources : JUDGEMENT_21_LAWS(ALL)9_1989.html Provided that, if no suitable candidate is available for promotion, the posts of Director of Sports and Deputy Director of Sports may be filled by appointing suitable person on contract, or on deputation, in accordance with the executive instructions of Government for the time being in force. Note - The post of Deputy Director (Administration), Accounts Officer, Assistant Accounts Officer and Assistant Engineer shall be filled by deputation from other departments of the Government for the time being" Rule 7 provides for qualifications. While Rule 15 provides the procedure for direct recruitment which reads as under : "15. (1) For the purpose of direct recruitment there shall be constituted a Selection Committee comprising. (i) The Secretary, Sports. (ii) The Secretary, Karmik, (iii) The Director of Sports, (iv) An expert from National Institute of Sports, Patiala or Sports , Authority of India. (2) ................. (3) ................. Rule 16 provides the procedure for recruitment by promotion and the same reads as under : "16. (1) Recruitment by promotion shall be made through the Selection Committee constituted under Rule 15 on the basis of seniority subject to the rejection of unfit except for the post of Director where it will be merit. (2) The appointing authority shall prepare an eligibility list of the candidates, arranged in order of seniority and place it before the Selection Committee alongwith their character rolls and such other records pertaining to them as may be considered proper. (3) The Selection Committee shall consider the case of candidates on the basis of the records, referred to in sub-rule (2) and if it considers necessary it may interview the candidates also. (4) The Selection Committee shall prepare a list of selected candidates arranged in order of seniority and forward the same to the appointing authority.";