- (1.) HEARD Sri Yogesh Agarwal, learned counsel for the petitioner, Sri Pankaj Rai, learned Additional Chief Standing Counsel and Sri Ravi Prakash Srivastava, learned Standing Counsel for the respondents. means of the present writ petition, the petitioner has challenged the order dated 30.4.2007 passed by the State Government by which the representation of the petitioner dated 26.7.2006 has been rejected.
(2.) THE brief facts of the case are that the petitioner has been appointed as a Lecturer in Political Science in ad hoc capacity in G.D. Binani P.G. College, Mirzapur by the appointment letter dated 15.10.1991. The petitioner claimed his regularization under the provision of Section 31 -C of the U.P. Higher Education Services Commission Act, 1980 (hereinafter referred to as the ("Act"). It appears that when the claim of the petitioner has not been considered, he filed Civil Misc. Writ Petition No. 47540 of 2006, which has been disposed of vide order dated 31.8.2006 directing the authority concerned to decide the representations of the petitioner dated 22.7.2005 and 26.7.2006. In pursuance thereof, the State Government passed the impugned order.
(3.) LEARNED counsel for the petitioner submitted that the impugned order passed by the State Government is without jurisdiction. He submitted that under Section 31 -C of the Act, the Committee of Management of the College has the power to regularize the appointment on the recommendation of the Selection Committee. The constitution of the Selection Committee is given in Section 31 -C (2) of the Act, therefore, the State Government has no role in the regularization of appointment under Section 31 -C of the Act.;