Misra, J. - (1.) The aforesaid three appeals raise a common question whether the appointment of the Evaluators and 'Research Associates' as Lecturers in the Himachal Pradesh University, Shimla was valid or 'not These appeals, accordingly, are being disposed of by means of this common judgment. All the appellants in Civil Appeal No. 13709/96 were initially appointed as Research Associates. Some of them have already been appointed as Readers whose case is not in issue in these appeals. They have been working as such for the last about nine years. Since they were working for a long period the Executive Council of the aforesaid University by their Resolution dated 16th January, 1986, declared the cadre of Research Associate as wasting cadre. Hence on 30th May, 1986, by another Resolution stipulated that they may be designated as Lecturers. Their suitability for the post of Lecturers was to be ascertained through the Statutory Selection Committee confining the selection among the incumbent working on the post of Research Associations. Admittedly, all the appellants were working as Research Associate when the said Resolutions were passed. Later, they appeared before such Selection Committee and, on its recommendation, were appointed as Lecturers in the year 1986. Since then they are working as such.
(2.) The appellant in C.A. No. 13708/96, namely, Dr. Abha Malhotra was initially appointed as Research Associate on 22nd May, 1983, and her selection was through a Selection Committee consisting of Dean of Art Faculity with two outsiders and two internal experts. She did her Ph. D in the year 1981 in History. She was appointed as Research Associate in the department of History as the said post was lying vacant and her appointment was approved by the Executive Council in the meeting held on 22nd May, 1933. The case of the appellant is that Research Associate in various other departments were approved by the Executive Council in its meeting held on 29th July, 1982, and 25/2 November, 1983, with is evident from the Notification dated 7th January, 1984. The Executive Council approved the creation of one post in each of the teaching department including History with effect from the date of filling up the post. Thereafter, to decide the status and future of the Evaluators and Research Associates, the Vice Chancellor of the University appointed a Committee which gave its report which was considered by the Council on 18th January, 1986. Thereafter, on 30th May, 1986, vide Resolution on the same day it was decided to regularise the Evaluators and Research Associates in the existing designation and scale with immediate effect and it was also decided that they were to be designated as Lecturers. The appellant appeared before the Selection Committee on 24th November, 1986, and on its recommendation, was appointed to the post of Lecturer. On 27th December 1986, the Executive Council approved her selection and on 1st January, 1987, the appointment letter was received and finally on 4th February, 1987, the appellant joined as Lecturer in History.
(3.) The appellant in C.A. No. 13707/96 (Dr. (Mrs.) Meera Massey) did her M.A. In Sociology in the year 1973. Thereafter, she passed M.Ed. in July 1975 from the aforesaid University. On 29th Septemebr, 1975, she was appointed as Evaluator in Sociology in the Directorate of Correspondence Courses in the aforesaid University. In 1976 she did her M.Phil. in Education and stood first in the Unviersity and thus was awarded gold medal for the same. In 1981 she got the degree of Ph.D. in Education. In fact, she did both M.Phil. and Ph.D. in the field of Education while being evaluator as aforesaid. The Executive Council as aforesaid on the 30th May, 1986, decided to regularise all the Evaluators with immediate effect for their appointment on regular basis as Lecturers selecting them through the Statutory Selection Committee. The Statutory Selection Committee met on 30th October, 1936, found the appellant competent to be a Lecturer. The Executive Council thereafter in December 1986, on the basis of the observations of the Selection Committee, appointed her as Lecturer in Education in the Directorate of Correspondence Courses. On 20th February, 1987 she joined as Lecturer. On 29th May, 1987 she was confirmed as such.;