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2023 Supreme(UK) 191
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
VIPIN SANGHI, RAKESH THAPLIYAL, JJ.
Devendra Singh Patwal – Petitioner
Versus
State of Uttarakhand and Others – Respondents
Writ Petition (S/B) Nos. 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186 of 2023
Decided On : 03-05-2023
Advocate Appeared:
For the Petitioners: Harshit Sanwal, K.K. Tiwari.
For the Respondents: Amarendra Pratap Singh, Mamta Bisht.
The determination of qualification and experience for a post is a matter of policy, and there is limited scope of judicial review. The employer has the authority to assess the needs of its public services and prescribe qualifications for any post. No Mandamus can be issued for continuing contractual employees in service.
Headnote:
Disaster Management - Determination of Educational Qualification and Experience - Disaster Management Act, 2005, Section 25(4) - The Chief Executive Officer of the District Authority is empowered to determine the educational qualification and experience for appointment on contractual posts. The determination of educational qualification and experience by the Chief Executive Officer is in conformity with the Act, 2005. The employer has the authority to assess the needs of its public services and prescribe qualifications for any post. The determination of qualification and experience for a post is a matter of policy, and there is limited scope of judicial review. No Mandamus can be issued for continuing contractual employees in service.
Fact of the Case:
The petitioner, a contractual employee, challenged the determination of educational qualification and experience for the post of District Disaster Management Officer. The petitioner sought relief to quash the office memo delegating the power to fix educational qualification/experience and to work on the incumbent post till regular appointment is made.
Finding of the Court:
The court found that the determination of educational qualification and experience by the Chief Executive Officer was in conformity with the Disaster Management Act, 2005. The court held that the employer has the authority to prescribe qualifications for any post, and there is limited scope of judicial review in such matters. The court also ruled that no Mandamus can be issued for continuing contractual employees in service.
Issues: The issues involved the challenge to the delegation of power to fix educational qualification/experience and the request to work on the incumbent post till regular appointment is made.
Ratio Decidendi: The court held that the determination of qualification and experience for a post is a matter of policy, and there is limited scope of judicial review. The employer has the authority to assess the needs of its public services and prescribe qualifications for any post. No Mandamus can be issued for continuing contractual employees in service.
Final Decision: The court dismissed all the writ petitions, finding that the determination of educational qualification and experience was in conformity with the law, and no Mandamus could be issued for continuing contractual employees in service.
JUDGMENT :
RAKESH THAPLIYAL, J.
1. In all these writ petitions, common questions of law and facts are involved, therefore, with the consent of learned counsel for the parties, all the writ petitions are heard together and are being decided by this common judgment.
2. For the sake of convenience, Writ Petition (SB) No. 176 of 2023 is treated as leading case and its facts are taken into consideration for proper adjudication of all the cases.
3. Petitioner has approached this Court seeking the following reliefs:
“(i) Issue an appropriate writ order or direction in the nature of Certiorari quashing the office memo no. 33/USDMA-974 (2019) TC dated 11.04.2023 (Annexure No. 17).
(ii) Issue an appropriate writ, order or direction in the nature of mandamus to the effect that writ petitioner be permitted to work on his incumbent post of District Disaster Management Officer, till the regular appointment is made on the said sanctioned post.
(iii) Issue an appropriate writ, order or direction in the nature of Certiorari quashing the clause 3 (1) of the Office Memo bearing no. 1615/XVIII-B-1/2021-3 (2)/2016 dated 30.11.2021 (Annexure No. 15), in so far as it delegates the power to fix educational qualification/experience for the contractual appointments to the Chief Executive Officer, Uttarakhand State Disaster Management Authority.”
4. Brief facts of the case are that petitioner was initially engaged with United Nations Development Programme in March, 2008, for a period of one year. Subsequently, he was appointed, under a project, as Specialist, Disaster Management for District Uttarakashi vide letter dated 06.05.2010. Again, he was appointed, on contract basis, for a period of one year, vide order dated 31.12.2010 issued by the District Magistrate, Uttarkashi, in pursuance of Government Order dated 18.11.2009, issued under Section 25 (1) of the Central Act No. 53 of 2005 whereby Disaster Management Authority was constituted under the Chairmanship of District Magistrate. Another Government Order dated 15.09.2010 was issued which provides that for selection on the post of Disaster Management Officer preference will be given to those, who had been working as Disaster Project Officer under the aided Disaster Risk Management Project of the United National Development Programme and the term of contract shall not exceed five years. Vide Government Order dated 07.10.2015, the term of contract of Disaster Management Officer was further extended for a period of three years. Vide Government Order dated 09.08.2016, several new posts were created in the State Disaster Management Authority and for the post of District Disaster Management Officer, pay scale of Rs. 15600 - 39100 with Grade Pay 5400 was sanctioned for regular appointee and Rs. 40,000/- per month was sanctioned for contractual employee. Vide Government order dated 11.05.2018, cadre restructuring of posts was done in the State Disaster Management Authority, however, the number of the post of District Disaster Management Officer remained the same.
5. The Government issued an order dated 30.11.2021 which inter alia provides, that educational qualification/experience for the contractual posts will be fixed by the Chief Administrative Officer, Uttarakhand State Disaster Management Authority and such contractual employees working on the contractual posts shall continue to work until their term of contract applicable to that post is over. After that, the concerned post will be automatically terminated. Vide Government Order dated 31.03.2022, the District Magistrate was authorised to take decision for extension of contract; whether the service of the incumbent is satisfactory, or; to carry out fresh appointment. Vide Government Order dated 11.04.2023, Secretary, Uttarakhand State Disaster Management Authority prescribed the educational qualification for the post of District Disaster Management Officer. Petitioner does not possess the qualification prescribed vide Government Order dated 11.04.2023, so the p
