Tejinder Singh Dhindsa, J. - (1.) The petitioner questions the action of the respondent - B.P.S. Mahila Vishav Vidalya, Khanpur Kalan, District Sonepat (a State University) in having issued an advertisement to fill up the solitary post of Clerk in the Institute of Higher Learning, respondent No.2 (a Constituent College of respondent No.1- University) by way of direct recruitment.
(2.) Petitioner is a confirmed Class-IV employee with the respondent No. 2 - Institute having to his credit more than 13 years of regular satisfactory service. Learned counsel appearing for the petitioner would submit that four Clerks were working in the respondent-Institute and all are direct recruits. One amongst them having been promoted, a vacancy has arisen. As per applicable statutory Rules, 80% of the posts of Clerk are to be filled up by direct recruitment and 20% by way of promotion from amongst Class-IV employees. The entire case set out on behalf of the petitioner is that against a sanctioned cadre strength of four Clerks in the respondent-University since three are already manned by direct recruits, the vacancy that has arisen now has to fall to the share of promotees and cannot be filled up by resorting to mode of direct recruitment.
(3.) Upon notice of motion having been issued, a joint written statement has been filed and placed on record on behalf of respondents No.1 and 2. The stand taken on behalf of the respondent-University is that out of the four sanctioned posts of Clerks with the Institute, only two have been filled up by way of direct recruitment i.e. Smt.Nirmala and Smt.Ram Ratti. The other two posts held by Smt.Sushila and Smt.Suresh Kumari are stated to have been created and filled up by way of a rationalization process. As per University, since only 50% of the cadre strength of Clerks has been filled up by way of direct recruitment so far, there would be no impediment for the University to have issued the impugned advertisement to fill up the vacancy against the post of Clerk by resorting to direct recruitment. It has further been argued on behalf of the University that the post held by Smt.Ram Ratti has fallen vacant since she has been promoted as Head Clerk-cum-Accountant and this post being a direct recruitment post had to be necessarily filled up by a direct recruit only and, therefore, the same has been advertised.;