- (1.) PETITIONERS who are two in number claim to be appointed on Mandeya against the substantive vacancies which were available in Udai Pratap Autonomous College, Varanasi. The appointment was made in terms of the Government order dated 7th April, 1998 where under payment to such Mandeya Teachers were to be made on per lecture basis subject to the maximum provided. Their appointment was to commence in July end with the close of Academic Session. Clause 3 of the Government order further provided that continuance of such teachers appointed on Mandeya for the next academic session would require fresh selection for the purpose. It is stated that the petitioner alongwith other candidates filed writ petition No. 27167 of 2007 before this Court seeking continuance as teacher on Mandeya against the available vacancy without undergoing the process of selection for the next academic session. The writ Court passed an interim order providing that the teachers working on Mandeya shall continue as such till regular appointment is made on the post in question.
(2.) THUS on the statement made by the counsel for the petitioners this Court has no hesitation to record that the right of the petitioners to continue as teachers of Mandeya in the institution against the post was subject to the condition that such appointment would come to an automatic end when a regular teacher is appointment after due selection on the post. From paragraph 17 of the present writ petition it is established that Dr. Pushpraj Sonkar and Dr. Rakesh Kumar have been selected by U.P. Higher Education Service Commission under advertisement No. 41 for the post held by the petitioners earlier and they have also been appointed. In view of the aforesaid fact the interim order passed by the Court in writ petition No. 27167 of 2007 cannot be the basis for the continuance of the petitioner any further.
(3.) BY means of the present writ petition the petitioners contend that two subsequent vacancies have fallen vacant in the institution due to retirement of one Sri Badri Nath Singh and second Dr. Parmatma Nand Singh and it is again these fresh vacancies, the management of the institution has made a proposal for continuance of the petitioner under letter dated 15th June, 2010. The petitioners seek consideration of the papers so transmitted to the Regional Higher Education Officer for continuance of the petitioner against the newly available vacancies because of their earlier appointment of Mandeya teachers. Reliance has also been placed upon the order of the Division Bench of this Court passed in writ petition No. 11124 of 2009 Smt. Dr. Priyanka Srivastava v. State of U.P. and others for the purpose.;