Uttarakhand High Court Questions State's Reliance on Outsourcing for Jobs
The Uttarakhand High Court has expressed strong disapproval of the state government's increasing dependence on outsourcing to fill sanctioned vacancies. A single bench led by Justice Rakesh Thapliyal directed the chief secretary to compile comprehensive data on all sanctioned vacancies across every department.
Court Demands Explanation for Recruitment Delays
The court ordered the state to file an affidavit explaining why regular recruitment processes are not being initiated despite the availability of permanent, sanctioned posts. The bench specifically questioned why these vacancies are instead being filled through outsourcing, daily-wage arrangements, or ad-hoc contracts.
Justice Thapliyal described this situation as deeply concerning. He noted that qualified candidates become overage while waiting for regular appointments, which he found unacceptable.
Petition Highlights Exploitative Practices
The court was hearing a petition filed by the management committee of Janata Inter College in Chad Chainpur, Pauri Garhwal district. Counsel for the petitioner argued that instead of filling permanent posts through regular appointments, the state resorts to outsourcing and temporary arrangements.
The petitioner's legal team contended this practice is exploitative, arbitrary, and unjustified. They maintained it violates Articles 14, 16, and 21 of the Indian Constitution, which guarantee equality before law, equality of opportunity in public employment, and protection of life and personal liberty.
Court Questions State's Inaction
The High Court observed that in numerous cases, despite having permanent and sanctioned vacancies available, the state has failed to initiate regular recruitment. The bench directly asked state authorities why they are not proceeding with recruitment processes when vacancies exist.
The court stated that qualified young people continue waiting for regular appointments while vacancies remain unfilled. It characterized this as grave inaction on the part of state authorities.
Additional Concerns About Class IV Posts
The bench also sought an explanation from the state government regarding why Class IV posts were declared a dying cadre. The court learned that Uttarakhand adopted this policy from Uttar Pradesh's approach.
However, the Allahabad High Court had already struck down this policy as ultra vires in the 2013 case of Ravindra Singh and Others versus State of Uttar Pradesh and Others. The Allahabad court found the policy violated Articles 14, 16, and 19 of the Constitution.
Next Hearing Scheduled
The Uttarakhand High Court has listed the matter for further hearing on February 16. The state government must present its compiled data and explanations by that date.
This case highlights growing judicial scrutiny of employment practices in state governments across India, particularly regarding the balance between permanent positions and temporary contractual arrangements.
