- (1.) A. K. Yog, J. Writ Petition No. 23403 of 1989, referred to as the leading case, was connected with writ petition No. 3058 of 1992 (referred to as second writ petition) and with writ petition No. 1689 of 1995 (referred to as third writ petition) vide Court order dated 27-1-1997 (Refer to order sheet of writ petition No. 3058 of 1992 ).
(2.) FACTS of the three writ petitions are common, hence they are taken up together and decided by common judgment. Heard learned Counsels for the parties and perused the record. Undisputed salient facts of the case are as follows. Devendra Degree College, Bilthara Road, Ballia (for short called the college) is an affiliated college of Purwanchal University and prior to creation of Purwanchal University, it was affiliated to Gorakhpur University. Management of the college initiated steps for seeking affiliation for teaching Geography at Graduation level. Vide letter dated 5-9-1983, the Chancellor informed the Registrar, Gorakhpur University that "the Chancellor has been pleased to accord sanction to the proposal to grant provisional affiliation to Devendra Degree College, Bilthara Road, Ballia for the B. A. in Geography for a period of two years with effect from July 1, 1983 subject to the condition that till the necessary posts are sanctioned by the Director of Higher Education, U. P. the Management will pay salary etc. to them from its own resources. "
(3.) DEPUTY Registrar (Affiliation) of the University vide letter dated 12/16-9-1983 forwarded aforesaid letter of the Chancellor for information and necessary action to the Principal of the college (Annexure 1 to the leading case ). The Management sought approval of the Vice Chancellor for making appointment of the petitioner which has taken place on the basis of the advertisement in daily newspaper dated 12-10-1983 and consequently selection being held by a Selection Committee with one Expert (nominated by the Vice- Chancellor of the University) as contemplated under law. Candidate whose name was recommended at Sl. No. 1 in the panel, did not join and hence the Vice Chancellor accorded approval for ad hoc appointment of second candidate on the panel, namely, Arvind Kumar Singh (petitioner before us) vide letter dated December 31, 1983 and appointment letter was issued on behalf of the Management through its Manager dated 1-1-1984 in favour of the petitioner (Annexures 2 and 3 respectively to the leading case ).;