The central legal point established is that the disqualification for holding an office of profit requires deep and pervasive State control over the office, and the mere provision of aid by the State Government does not establish such control.

Heard Sri Neeraj Garg, the learned counsel for the petitioner and Sri Paresh Tripathi, the learned Addl. C.S.C. for the respondents.

2. By means of this writ petition, the petitioner has challenged the validity and legality of the order dated 15th March, 2012 by which the petitioner was removed by the District Magistrate u/S 5-A (c) read with Section 95 (1) (g) (v) of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the Act of 1947).

3. The facts leading to the filing of the writ petition is, that the petitioner was appointed on 04.07.2001 as a Junior Clerk in Balganga Mahavidhyalaya, Central Camer in Tehri Garhwal. On 24th July, 2007, his services were confirmed. The institution at the relevant moment of time was a non-aided educational institution and was also affiliated to H.N.B. Garhwal University. The salary was paid to the petitioner from the own resources of the Committee of Management. In the year 2008, the petitioner applied to the institution seeking permission to contest the election on the post of Gram Pradhan of Gram Panchayat Dhabsorh, Block Bhilingana, District Tehri Garhwal. The Educational Institution granted the permission, on the basis of which, the petitioner contested the election and was elected as a Gram Pradhan.

4. On 14th October, 2009, the State Govt. issued a Government Order granting aid to the institution where the petitioner was working as a Junior Clerk. As a result of the grant-in-aid being provided to the educational institution, it transpires that a complaint was lodged before the District Magistrate intimating him that the petitioner was holding an office of profit and, consequently, incurred a disqualification and was liable to be removed from the post of Gram Pradhan. Based on this complaint, the District Panchayat Raj Officer issued a notice dated 1st October, 2011 intimating the petitioner that he was holding an office of profit, i.e., holding the post of a Junior Clerk in a College and, consequently, advised either to resign from the post of Gram Pradhan or resign from the post of Junior Clerk. It is alleged that in spite of the receiving of the notice, no reply was submitted by the petitioner and, accordingly, another notice dated 22nd February, 2012 was issued directing the petitioner to resign from either of the post within 15 days from the date of the notice otherwise action for removal would be taken under Section 5-A read with Section 95 (1) (g) (iii) (v) of the Act of 1947. Since the petitioner did not resign, the District Magistrate issued an order dated 15th March, 2012 removing the petitioner as the Gram Pradhan on the ground that the petitioner was holding an office of profit, namely, the post of Junior Clerk in an educational institution. The petitioner, being aggrieved by the order of his removal, has filed the present writ petition.

5. The short contention of the learned counsel for the petitioner is, that the petitioner was not holding an office of profit and did not incur any disqualification as provided under Section 5-A read with Section 95 (1) (g) (v) of the Act of 1947. Further no opportunity of hearing was provided to the petitioner. No notice whatsoever was given and, consequently, the action taken by the impugned order is violative of the principles of natural justice. It was also urged that the petitioner was not holding an office of profit and that the petitioner could only be removed upon an Election Petition to be filed in view of Article 243-O (b) of the Constitution of India and that the petitioner could not be removed u/S. 95 (1) (g) (v) of the Act of 1947.

6. On the other hand, the respondents in their counter affidavit have submitted that the post of Junior Clerk is an office of profit as provided u/S. 2 (c) (iv) of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994. In the said Act, public services and posts have been defined which includes services and posts in an educa