C/M Rashtra Sewa Inter College And ... vs State Of U.P. And 3 Others
2021 Latest Caselaw 8600 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 8297 of 2021
 

 
Petitioner :- C/M Rashtra Sewa Inter College And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Pradeep Kumar Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Yashwant Varma,J.

Heard learned counsel for the petitioner and Sri Birendra Pratap Singh, learned Standing Counsel for the State respondents.

The instant writ petition has been preferred seeking the following reliefs:

"(i) issue a writ, order or direction in the nature of Mandamus commanding the respondent no.4 to pass appropriate order on the representation of the petitioner dated 29.1.2019 (Annexure No. 2 to the writ petition).

(ii) issue a writ, order or direction in the nature of Mandamus commanding the respondents to grant permission for fill up five vacant posts of Class IV employee in the institution."

The issue with respect to engagement of Class -IV employees and the stand of the State in respect thereof as expressed by the learned Advocate General was noticed by the Court in its order dated 10 November 2020 passed in Writ -A No. 381 of 2020 (C/M Pandit Jawaharlal Inter College Fatehpur And Another Vs. State of U.P. And 2 Others) in the following terms:-

"Insofar as the issue of Class -IV vacancies in secondary educational institutions is concerned, learned Advocate General draws the attention of the Court to the provisions made in Regulation 101 in terms of which Class-IV posts are contemplated to be filled only through outsourcing. The learned Advocate General further informs the Court that although Regulation 101 was struck down by a Division Bench of the Court in Writ Petition No. 45060 of 2015, the aforesaid judgment has been stayed by the Supreme Court in Special Leave Petition (Civil) Diary No. 18529/2019. In view of the aforesaid, learned Advocate General states that subject to the ultimate result of the SLP and pending its disposal, the State shall ensure that engagement of Class-IV employee by outsourcing is permitted and facilitated. The statement so made is recorded and accepted. The Court in view of the assurance of the learned Advocate General expects the respondents to provide all aid and assistance to Intermediate institutions for engagement of Class IV staff through outsourcing pending further orders on this batch forthwith."

In view of the aforesaid, Sri Birendra Pratap Singh learned Standing Counsel appearing for the State states that the respondents shall proceed in the matter accordingly.

Petition stands disposed of.

Order Date :- 26.7.2021

Arun K. Singh

(Yashwant Varma, J.)