K.C.Agarwal, J. - (1.) M.M.H. (P.G.) College, Ghaziabad, is a Post-Graduate College, affiliated to the Meerut University, Meerut. Kamalbir, who was a permanent lecturer in Economies Department of the aforesaid College, proceeded on leave with effect from 4th Dec. 1977 to 3rd Dec. 1980. In his leave vacancy, one sri Anil Kumar Sharma was appointed as temporary lecturer with effect from Jan. 1978 to 3rd Dec. 1980. Thereafter, Dr. S.K. Srivastava, who was a permanent lecturer in the aforesaid department, retired on attaining the age of superannuation. As a result of retirement a permanent vacancy fell vacant. As against this vacancy. Anil Kumar Sharma was made permanent with effect from Oct. 4, 1978. Due to Anil Kumar Sharma becoming permanent, the post held by Kamalbir again fell vacant. The respondent College advertised the post for filling in the said vacancy. The petitioner applied for the same. He was interviewed on 13th Feb, 1979 and was selected by the selection committee. After obtaining the approval of the Vice-Chancellor, its required by S. 31. State Universities Act, 1973. (hereinafter referred to as the Act). the petitioner was appointed as it temporary lecturer in the department of Economics under S. 31(4) of the Act from Mar, 1979 to 3rd Dec, 1980. The appointment letter dated 5th March 1979 issued to the petitioner specified that the petitioner's appointment was as against leave vacancy. It was further notified that if the leave against which the petitioner had been appointed, was cancelled during the period of his service, he would also automatically be terminated from the said date. Pursuant to his appointment, the petitioner took over as lecturer in the department of Economics on 23rd Mar. 1979. Kamalbir was to join back on 3rd Dec, 1980. On Oct. 4, 1979, A.K. Sharma gave one month's notice for resigning from the post. As a result of his resignation, the post of lecturer again fell vacant with effect from Nov. 6, 1979. The committee of management of the college concerned initiated proceedings for recruitment of lecturer on the post vacated by A. K. Sharma and for that purpose, approached the Director Higher education. Immediately, thereafter, the post was advertised in the newspapers. Pursuant to the said advertisement, the petitioner and respondents applied for selection against the same. The selection committee met on May 8, 1980 and recommended the name of Miss Vijai Rani Shinghal, respondent 5, In all. thirty-five candidates were called. The petitioner was also one of them. Respondent 5. Miss Vijai Rani Shinghal, got first Class in High School, B.A. and M.A. She had also published several papers and had almost completed her thesis in Ph.D. Degree. The petitioner had no research to his credit, and got a high second class in B.Sc and M. A. The recommendation of the selection committee was forwarded to the Vice-Chancellor who accorded his approval to the appointment of Miss Vijai Rani Singhal on Oct. 9, 1980, who joined the college on 22nd of the same month. The petitioner on 26th May, 1980 made a representation to the Vice-Chancellor against his non-selection which was renewed by making another representation on Oct. 10, 1980. In this representation, the petitioner claimed that as the permanent post of lecturer in the department of economics had fallen vacant on account of the resignation of A. K. Sharma. the petitioner being qualified on the date of appointment i.e. 8th May, 1980, having served for more than one year, was entitled to be given the said post. As the petitioner could not gel any relief by the representations which he had made, lie filed the present writ petition on 24th Nov, 1980. The application for stay made by the petitioner was rejected on 24th November, 1980. Subsequently, when he filed another stay application, this Court directed that the petitioner will continue to serve the Degree College concerned as a lecturer till such time as Kamalbir did not join the post. Kamalbir, however, joined on the 4th of Dec, 1980, as a result thereof, the petitioner left the service on that date.
(2.) During the pendency of this writ petition one Sri A. K. Parashar, who was another lecturer appointed in the economics department of respondent 1, left the service. The petitioner, thereafter, filed another application for stay in this Court claiming his right to work on the post held by A. K. Parashar. On 21st Sept. 1980, this Court directed the respondents to permit the petitioner to work on the post which had been vacated by A. K. Parashar. This order was, however, modified on 2nd Dec. 1981.
(3.) The first point argued before us by the learned counsel for the petitioner was that as per S. 31(3)(b) of the Act, on the vacancy of A. K. Sharma, the petitioner was entitled to be appointed on the post vacated by him on the permanent basis and, therefore, the selection held for filling in the same on 8th May, 1980 was invalid.;