S.R.SINGH, J. - (1.) SINCE common questions of law and facts are involved in these writ petitions, it would be convenient to dispose them of by a common judgment. Accordingly these petitions were taken up and heard for disposal by a common judgment.
(2.) FACTS on which the writ petitions and the reliefs claimed therein are grounded may be stated briefly as thus : By Government Order dated 2.4.1998, six Government Allopathic Medical Colleges of the State were converted into the so called individual autonomous, societies registered under the provisions of Societies Registration Act, 1860. The Government Order dated 2.4.1998, which come to be quashed by this Court in Civil Misc. Writ Petition No. 2263 of 1999 etc. etc., U.P. Medical College Medical Education Teachers Socieities, Gorakhpur and another v. Union of India and others, 1999 (3) AWC 2459 : (1999) 2 UPLBEC 1573, was issued inter alia, visualising therein that though creation of posts would be with the approval of the State Government, the existing posts as also the posts that may be created in future would be deemed to be posts under the concerned Society; that the existing staff would be deemed to be on deputation for which they would not be entitled to any deputation allowance and their service conditions would remain the same; employees and officers appointed on the posts created subsequent to the creation of Society would be treated to be servants of the concerned Society and their service conditions would be such as may be laid down in the bye -laws of the Society; and the Government properites and equipments in these Medical Colleges would be deemed to have been transferred to respective societies on their formation subject to the condition that the transfer of such properties and equipments by the concerned Society would be made either under the bye -laws or with prior permission of the Government. On 17.10.1998 six Socieities (one for each Medical College) were registered under the Societies Registration Act, 1860. The State of U.P. filed S.L.P. No. 11840 of 1999 on 27.8.1999. The Hon'ble Supreme Court, however initially granted no interim order. However, Special Leave Petition came up before the Hon'ble Supreme Court on 16.10.2000 on which date the following interim order was passed by the Court : "Leave granted. In the meanwhile there shall be stay of the impugned judgment but it is clarified that so far as the teachers and other staff of the colleges is concerned their status as Government servants shall not be altered. Sd/ -16.10.2000" A writ petition being Civil Misc. Writ Petition No. 24035 of 1999 was filed in the Lucknow Bench of the Court seeking direction to the Government to initiate process of selection by sending requisition to the State Public Service Commission. The said petition came to be disposed of finally on 12.10.1999 with the direction to the State Government to send requisition to the U.P. Public Service Commission within the time indicated in the judgment. On 27.9.2000 the State Government sent requisition to the U.P. Public Service Commission pursuant to which the posts were advertised vide advertisement No. 2 of 2001 dated 27.8.2000. However, it appears that the interim order aforesaid came to be construed by the State Government as if the Societies which were already registered on 17.10.98 come back in existence and their bye -laws become effective. Accordingly the State Government asked the U.P. Public Service Commission to stop the process of selection vide order dated 27.1.2001 which is the subject matter of impugnment in Writ Petition No. 3768 of 2001. On 2.2.2001, this Court passed the following interim order in the said writ petition : "Learned Standing Counsel may file counter affidavit within a month. Sri Pankaj Mittal has accepted notice on behalf of respondent No. 5 and Sri Pushpendra for respondent No. 3. They may file counter affidavit within a month. Issue notice to respondent Nos. 6 and 7 returnable at an early date. In the meantime selection on the post of Professors, Associate Professors and Lecturers in the Medical Colleges concerned may go but the result will be subject to the decision in the writ petition."
(3.) SPECIAL Leave Petition was filed against the aforestated order dated 2.2.2001 but the Apex Court dismissed the Special Leave Petition vide order dated 23.4.2001. On 13.8.2001, however, the Supreme Court in modification of its earlier interim order dated 16.10.2000 passed the following order : "Vide order dated 2nd April, 1998, the State Government converted Government Medical Colleges into Societies. That G.O. was put in issue in a writ petition in the High Court. The High Court on 8th July, 1999 quashed the G.O. The order of the High Court was challenged through special leave petitions in this Court. On 16th October, 2000, while granting leave and staying the operation of the impugned order this Court clarified, "that so far as the existing teachers and the other staff of the colleges is concerned, their status as Government servants shall not be altered." Through these applications, clarification of that order is sought. After hearing learned Counsel for the parties, we clarify that the order dated 16th October, 2000 does not prevent teachers and other staff (who had not opted for joining the society) to accept employment of the society, so as to be treated at par with other employees of the society but in the event they do not opt to do so, their status as Government servants, which they were enjoying prior to 2nd April, 1998, shall not be affected. We also clarify that should any of the teachers/members of the staff, who have not so far joined the society, wish to join the soceity, they shall be entitled to do so notwithstanding time limit, if any, prescribed by the Government or through any order of the High Court. In case any orders are made by the society regarding service conditions any of the members of the society, that order shall be without prejudice to the rights of the parties, including non -memebrs and members or employees of the society and shall be subject to the final outcome of the appeals. The impleadment applications are disposed of with the direction that the applicants shall be permitted to intervene during the hearing of the appeals. Keeping in view the nature of the controversy, it is directed that the appeals be heard expeditiously.";