Chandra Dhari Singh,J. - (1.) Since common questions are involved in all the above-mentioned three writ petitions, they are being decided together.
(2.) Brief facts of the case are as follows: (i) In the State of U.P. in various Government Homeopathic Medical Colleges, the number of qualified teachers selected through Uttar Pradesh Public Service Commission (hereinafter be referred as 'UPPSC') were not available and, therefore, the State Government issued Government Order dated 28.05.2015 giving out that teachers of various categories be appointed on contract basis through a selection based on interview from amongst the teachers having retired from various Government Homeopathic Medical Colleges situated in the State of U.P. or outside the State of U.P. (ii) A selection for appointment on contract basis in accordance with the provisions contained under Government Order dated 28.05.2015 took place but the requisite hands for teaching in various Government Homeopathic Medical Colleges including the newly created Government Homeopathic Medical Colleges in various districts could not be made available. Therefore, in order to meet the requirement of teachers of various categories, such as, Lecturers or Readers or Professors, the State Government issued Government order dated 27.10.2017 modifying the earlier Government order dated 28.05.2015. The difference between the two government orders are that as per Government Order dated 28.05.2015 only teachers having retired from State Government Homeopathic Medical Colleges could be appointed whereas as per Government Order dated 27.10.2017 it was inter-alia provided that the teachers either serving or having retired from Government Homeopathic Medical Colleges located inside the State of U.P. or outside or retired or serving teachers of Private Homeopathic Medical Colleges located inside the State of U.P. or outside having requisite experience could also be appointed. (iii) In the Government Order dated 28.05.2015, it was provided that the appointment of the teachers retired from Government Homeopathic Medical Colleges could be made for a period of one year or till the availability of the candidates selected by the UPPSC whereas in the Government order dated 27.10.2017 it was provided that the teachers to be appointed, who could be either retired or serving teachers of Government Homeopathic Medical Colleges or from Private recognized Government Homeopathic Medical Colleges, could continue till the availability of the regularly selected candidate from UPPSC or till attaining the age of 65 years. (iv) In furtherance of the Government order dated 27.10.2017, an advertisement was issued on 15.12.2017 mentioning that contractual appointment was to be made for the period till the availability of regularly selected candidate or till attaining the age of 65 years. It was further mentioned in the advertisement that the appointment was to be made for a period of one year or till the availability of the regularly selected candidate from the UPPSC or till attaining the age of 65 years, whichever is earlier. (v) The petitioners submitted their candidature and they were subjected to selection process as prescribed under Government order dated 27.10.2017, and selected and appointed on their respective posts. (vi) On 26.03.2019 some deliberations through Video Conferencing took place under Chairmanship of Secretary, Department of AYUSH, U.P. with participation of Regional Ayurvedic and Unani Officers, District Homeopathic Officers and Principals of Ayurvedic and Unani and Homeopathic Medical Colleges. The said video conferencing deliberations provided that contractual appointment of employees be made only for a period of 11 months and in no circumstance the employees shall be paid salary for twelve months. On the basis of the drawn up proceedings of the deliberations through video conferencing as held on 26.03.2019, the Director, Homeopathy, U.P., Lucknow issued a letter dated 29.03.2019 addressed to all Principals of Government Homeopathic Medical Colleges and Hospitals, U.P. and to all District Homeopathic Officers of the State of U.P. directing that the action be taken on the basis of the decision taken through the video conferencing dated 26.03.2019. (vii) The Director, Homeopathic, U.P./respondent no.2 issued a letter dated 20.06.2019 instructing all the Principals of Government Homeopathic Medical Colleges and Hospitals of U.P. to discharge the petitioners till execution of any fresh contract and in furtherance of the same the petitioners were discharged on different dates after completing one year of service. (viii) Thereafter, the Director issued letter dated 06.07.2019 providing that in the public interest/governmental functioning interest, it was necessary and compulsive to continue to engage teachers on contract basis and the teachers already appointed be engaged on contract basis for a period of 11 months after creating a break of seven days. The names of all the petitioners find mention in the list attached to the letter dated 06.07.2019. (ix) Respondent No.1 i.e. State Government issued two orders on 14.08.2020, in which, it has been stated that there are many complaints regarding renewal of tenureship on contractual basis pending before the Uttar Pradesh Lokayukt, Lucknow and, therefore, renewal of the tenure of the petitioners on contractual basis on various posts is not liable to be done. It is also contained in the said order that new process for selection on contractual basis for various specified posts may be initiated. Vide another order of the same day i.e. 14.08.2020, Government Order dated 11.04.2018 was cancelled. Hence, the instant writ petition has been filed challenging aforesaid orders dated 14.08.2020.
(3.) Dr. L.P. Mishra, learned counsel appearing for the petitioner has submitted that bare perusal of the impugned orders dated 14.08.2020 reveals that the foundation for passing the impugned orders is an inquiry report, which was submitted by Ms. V. Hekali Jhemomi, Secretary, Medical Department, U.P. Government. It is submitted that on the same matter earlier an inquiry was conducted by Shri R.N. Bajpai, Special Secretary, AYUSH Department, Government of U.P., who submitted his inquiry report before the Government but it appears from the perusal of the impugned orders that the inquiry report of Shri R.N. Bajpai has not been considered by respondent no.1 while passing the impugned orders.;