DEVI PRASAD SINGH - (1.) INSTANT writ petition under Article 226 of the Constitution of India, has been preferred against the impugned order dated 6.2.2012, passed by the Vice-Chancellor, Dr. Ram Manohar Lohia Avadh University, Faizabad whereby, ad hoc services of the petitioner in the Department of Commerce, has been modified with direction to engage the petitioner under self-financing scheme.
(2.) KAMTA Prasad Sunder Lal Post Graduate College, Ayodhya Faizabad (in short the College), is an affiliated college to Dr. Ram Manohar Lohia Avadh University, Faizabad (in short the University), is receiving grant-in-aid from the State Government, governed by the U.P. State Universities Act, 1973 and the First Statute, 1978 of the University. The college was granted temporary recognition to run the degree classes of commerce subject from 1.7.1989. In consequence thereof, four posts of Lecturers were created on 1.11.1990. It appears that on 14.2.1991, to meet out the requirement, the Committee of Management of the College, appointed three persons as Lecturers on ad hoc basis without holding a selection through an advertisement and thereafter, on 30.5.1991, sent request to the U.P. Higher Education Service Commission for holding selection for four posts of Lecturers in Commerce. The Committee of Management, sent the proposal for regularisation of two ad hoc Lecturers instead of three (supra) but the Director, Higher Education, vide his letter dated 23.6.1992, cancelled the ad hoc appointment being violative of Section 31 (c) of U.P. State Universities Act, 1973. Under the aforesaid backdrop, an advertisement was published by the Committee of Management on 24.8.1991 inviting applications for the post of four Lecturers in Commerce on ad hoc basis. In response to it, the petitioner applied but he was not considered on the ground that ban was imposed by the State Government. Instead, three Lecturers selected on 14.2.1991, were permitted to continue in service.
(3.) AGAINST the order dated 23.6.1992, passed by the Director Higher Education (supra), Writ Petition No.4095 (S/S) of 1995 was filed by two ad hoc Lecturers in which by an interim order, this Court permitted them to continue in service.;