M. Katju, J. - (1.) The petitioner has alleged that he possessed a good academic record and was awarded Ph.D. Degree in Botany from Gorakhpur University in the year 1989 and he was engaged to teach M.Sc. (Agricultural Botany), Part-I Class since September, 1989 vide Annexure-2 to the petition. He was working as Junior Research Assistant in Botany Department since 20.11.87. By subsequent order dated 20.2.90 Annexure-3 to the writ petition, of the Vice-Chancellor, some teachers including the petitioner were appointed. The petitioner was also appointed through the aforesaid letter dated 20.2.90 on monthly salary of Rs. 600/- per month. The petitioner was appointed as teacher on temporary basis. The very fact that the petitioner has been described as a member of the teaching staff vide Annexure-6 to the writ petition, shows that it has been admitted by the University that the work of teacher was being taken from the petitioner, though he was also doing research work. It appears that he continued as such till 1996 vide Annexures-11 and 12 to the writ petition. Papers were sent by the University to the CSIR, New Delhi stating it is possible to regularize the petitioner as lecturer in Botany in the pay scale 2200-4000.
(2.) Learned Counsel for the petitioner Sri S. K. Kalia has relied on the provision of Section 31 (3)(c) of the U.P. State University Act, 1973 which reads as under: (c) Any teacher of the University who was appointed as lecturer on or before June 30, 1991 without reference to the Selection Committee by way of a short term arrangement in accordance with the provision for the time being in force for such appointment may be given substantive appointment by the Executive Council, if any substantive vacancy of the same cadre and grade in the same department is available on November 22, 1991, if such teacher. (i) is serving as such on 22nd Nov., 1991 continuously since such initial appointment by way of short term arrangement; (ii) possessed on 22nd Nov., 1991 the qualification required for regular appointment to the post under provisions of the relevant Statutes in force on the date of initial appointment; (iii) has been found suitable for regular appointment by the Executive Council. A teacher appointed by way of short term arrangement as aforesaid who docs not get a substantive appointment under this clause shall cease to had such post on such date as the Executive Council may specify.
(3.) On the strength of the aforesaid provision Sri Kalia submits that the petitioner satisfies the requirement of the Section 31 (3) (c) and hence he should be deemed to have been regularized.;