The court upheld that the appointments made before changes in recruitment policy must be considered valid under the laws in effect at that time, emphasizing the integrity of the selection process.

JUDGMENT :

Hon'ble J.J. Munir, J.-This writ petition is directed against an order dated 15.9.2015 passed by the Regional Level Committee, Kanpur Region, Kanpur, rejecting the petitioners' claim for grant of financial approval to the petitioners' selection and appointment as Class IV employees with the Janta Inter College, Ajitmal, Auraiya.

2. The petitioners, who are a thirteen strong, have moved this Court, saying that though selected to Class IV posts in accordance with rules at the Janta Inter College, Ajitmal, Auraiya ('the Institution' for short) way back on 27.2.2009, the Regional Level Committee, Kanpur Region, Kanpur have denied sanction to their selection and appointment, leading them to go without their salaries. They say that they have joined the Institution and are discharging their duties regularly.

3. The petitioners' case has somewhat of a chequered history. The Institution is a recognized intermediate college under the Uttar Pradesh Education Act, 1921 ('the Act of 1921' for short). The provisions of U.P. Act No. 5 of 1982 as well as U.P. Act No. 24 of 1971, including the rules and regulations framed under all these statutes are applicable to the Institution. According to the petitioners, prior to the year 1970, there were 18 posts of Class IV employees sanctioned for the Institution. With an increase in the strength of scholars, a minimum of 20 Class IV posts were required. This requirement went with the number of sanctioned sections for each class that the Institution had. By an order of 2nd November, 1970, 30 extra Class IV posts were sanctioned. On the 14th August, 1981, the then District Inspector of Schools ('DIOS' for short) issued a notice to the Institution, calling upon them to justify the strength of teachers and employees, going by the strength of scholars enrolled. The notice dated 14.8.2021 was replied to, whereafter, it is said that it was withdrawn by an order dated 21.9.1981. It is the petitioners' case that the strength of Class IV employees in the Institution, duly sanctioned, is a figure of 31. The petitioners say that according to the Government Order dated 10.2.2005, a copy whereof has been annexed, it is provided that the posts that were sanctioned prior to 9.12.1986 shall not be abolished by any officer, except under orders issued by the Director of Education, Madhyamik, U.P., Lucknow. The said order dated 10.2.2005, this Court may notice, is not a Government order ('GO' for short), but an order issued by the Director of Education aforesaid. In the year 2008, the Principal of the Institution applied for permission to fill up 13 posts of Class IV employees that were lying vacant. The DIOS granted permission vide order dated 5.5.2008, but in an action soon to follow, stayed his order granting permission on 28.5.2008. He