Allahabad HC: Upper cast no reason to challenge Safai Karmis

The Allahabad High Court today held that the selection of Safai Karmis on the basis of being upper caste could not be challenged.

Giving this ruling, the Court quashed the order dated November 14, 2008 and similar government order directing the Divisional Commissioner to cancel all such appointments made in the district concerned.

Allowing the writ petition filed by one Mulayam Singh and others, Justice Rakesh Sharma directed that the petitioners be allowed to continue in service.

Since there was no infirmity and illegibility in the selection, the candidates selected should be issued letters of appointment and paid their salary, Justice Sharma noted.

The petitioner, who was engaged as safai karmi in Panchayat Raj Department, Firozabad had assailed various orders terminating his services.

The government had taken note of the fact that massive irregularities had taken place at the time of recruitment.

The MLA of Tundla Rakesh Babu had made a complaint and exercised his power to issue a direction to the Divisional Commissioner for cancelling the appointment.

The Court said impugned orders were wholly arbitrary, unreasonable and malafide. The direction was volatile of Article 14 (Right to Equality) of the Constitution, it added.