In a Special Appeal, the High Court dismissed the petition challenging a livelihood directive to fill a Class IV post. The court held that filling vacancies or outsourcing is employer discretion unless prescribed by statute, refusing judicial interference in the absence of legislative mandate.
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Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 495 of 2018
Appellant :- Amresh Chandra Bharti Respondent :- State Of U.P. And 4 Ors. Counsel for Appellant :- Ram Sajiwan Prajapati,Surjit Kumar Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is barred by limitation from 75 days. Ignoring the same we have considered the merits of the case.
This appeal has preferred to question the correctness of the order dated 18.04.2018 passed by the learned single Bench in Writ-A No. 10118 of 2018.
Learned single Bench dismissed the petition for writ on the count that as per provisions of Regulation 101 of Basic Education Regulations a class IV post is required to be filled in by way of outsourcing and further that the order issued by the District Inspector of Schools requiring the appellant petitioner to apply if the post is advertised does not suffer from any infirmity.
Arguments advanced by learned counsel before us is that the vacancy in class IV cadre is available with the respondents since 1990 and that is required to be filled in from the person belonging to Scheduled Caste category. The employer is not filling up the vacancy aforesaid without any just reason while not directing to fill up the existing vacancy.
We do not find any merit in the arguments advanced. It is for the employer to see as to whether the existing vacancy is required to be filled in or to be kept vacant or by satisfy the need through outsourcing. The courts are not suppose to give directions to the employer to fill up the vacancy if otherwise not prescribed by the statute. In the case in hand no such statute is brought to the knowledge of the Court, as such, learned single Bench rightly dismissed the petition for writ. No interference therein is warranted.
Appeal is dismissed , accordingly.
Order Date :- 7.8.2018 Shekhar
[Chandra Dhari Singh, J.] [Govind Mathur, J.]
1 issue framed by the court
Whether the court can direct the employer to fill an existing vacancy in the Class IV cadre without statutory mandate.
Amresh Chandra Bharti
State Of U.P.
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
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