M.KATJU AND UMESHWAR PANDEY, JJ. - (1.) THE petitioner was appointed on honorarium basis as is evident by the appointment letter dated 7.3.2003. It was held by a Division Bench of this Court that a person appointed on honorarium (Mandeya) basis has no right vide Dr. Alok Kumar Singh v. State of U. P., 2002 (3) AWC 1859 : 2002 (2) ESC 427.
(2.) LEARNED counsel for the petitioner has submitted that a person appointed on honorarium basis cannot be replaced by another person appointed on honorarium basis. In our opinion, appointments on honorarium basis are wholly illegal as it is against the provisions of Section 13 of the U. P. Higher Education Services Commission Act, 1980 which permits appointments of the Lecturers in Degree Colleges only after selection by the U. P. Higher Education Services Commission. We have held to this effect in Writ Petition No. 44332 of 2003, Malvika Shekhar v. Director of Higher Education, decided on 29.9.2003.
(3.) SECTION 12 of the U. P. Higher Education Services Commission Act, 1980 states : 'Every appointment as a teacher of any college shall be made by the management in accordance with the provisions of this Act and every appointment made in contravention thereof shall be void.';