- (1.) This appeal by special leave arises from the judgment of the division bench of the Allahabad High court, made on 4/10/1982 in Civil Miscellaneous Writ No. 6976 of 1975.
(2.) The appellant had called for selection of teachers for History subject. The first respondent Ram Sajiwan Shukla had applied for and was selected. Admittedly,. he studied Ancient History as his subject. Therefore, when his selection as Lecturer was sought to be ratified the Vice-Chancellor by his proceedings dated 16/5/1975 disapproved his appointment on the ground that Ram Sajiwan Shukia was unqualified to teach the subject of History since his study was in Ancient History. The respondent had challenged the same in the writ petition. In the meanwhile, one Umesh Chandra Kanchanwas appointed as a Lecturer in History and he claimed the place of Ram Sajiwan Shukla. In view of the fact that the Vice-Chancellor had refused approval of the appointment of Ram Sajiwan Shukla, the High court had held that the Vice-Chancellor had rightly refused to grant approval of the selection of Ram Sajiwan Shukla as a Lecturer in History. We are informed that subsequently the Department of Ancient History was created and the first respondent has been teaching in the Department, while Umesh Chandra Kanchan has been teaching the History subject. Consequently, both the posts are continuing in the appellant's college. We are informed that the post of Lecturer of Ancient History is a temporary post being continued on year-to-year basis. We are afraid that at this distance of time, it would be very difficult to give acceptance to the contention that the post is a temporary post. For well over 20 years, when the post is being continued, though on temporary basis, it acquired the status to be of a permanent nature. As a consequence, the respondent, namely. Ram Sajiwan Shukla in the Ancient History Department requires to be continued and the government would be at liberty to convert it as a permanent post.
(3.) The appeal is accordingly disposed of. No costs.;