HC directs UP govt to amend rules to fill Class-III vacancies via UPSSSC

Lucknow: The Allahabad High Court has directed the state government to ensure the selection of Class-lll posts in the legislative assembly and the legislative council is made through the Uttar Pradesh Subordinate Services Selection Commission (UPSSSC).

The court’s Lucknow bench also asked the government to amend in rules within three months for this.

Justice DK Singh passed the order recently while dismissing a writ petition by Sushil Kumar and others. The bench said the petitioners, who were appointed on contractual basis, should be allowed to work and be paid remuneration accordingly till regular selected candidates join through UPSSSC.

The petitioners had challenged the selection of candidates in the legislative council in accordance with the advertisement issued in September 2020 for 99 posts of 11 cadres. They had alleged nepotism and favouritism in the selection process.

Opposing their plea, the respondents’ counsel Gaurav Mehrotra argued that the court had dismissed a similar petition earlier and the petitioners were not able to establish any fault in the selection process.

Mehrotra also said the petition was not maintainable on their behalf as they are unsuccessful candidates.

Dismissing the petition, the bench observed, “It is required to note that appointments for a post in a public body must be fair and reasonable. Fairness and reasonableness must be ensured in entire process of selection.”

“In view to maintain the public confidence in the recruitment process in the legislative assembly and legislative council in respect of Class-III posts, the recruitment should be in the hands of the specialised statutory recruitment body and not in the hands of a selection committee or a private agency,” the bench said.