M.Katju, Poonam Srivastava, JJ. - (1.) HEARD learned counsel for the parties.
(2.) THE writ petitions have been filed for quashing the order dated 11.2.2003 issued by the Chancellor, Allahabad University, Allahabad, (Annexure-10 to the writ petition) whereby the reference petition under Section 68 of the U. P. State Universities Act, 1973 (hereinafter referred to as the Act) for regularisation as lecturer in the Department of Photography of Allahabad University, Allahabad under Section 31 (3) (b) of the Act was rejected. The petitioner had previously filed a Writ Petition No. 26897 of 2002 challenging the order dated 8th June, 2002 passed by the Executive Council of the Allahabad University which was dismissed on the ground of alternative remedy of making reference to the Chancellor vide order dated 18.7.2002. THE petitioner has not challenged the order dated 8.6.2002 in the present writ petition. Counter and rejoinder-affidavits have been exchanged between the parties and are on record. The two writ petitions involve common points and hence both the writ petitions are being decided finally by common judgment. The facts of the case are that the Allahabad University started a diploma course of photography which was being taught by a number of lecturers including Sri Himanshu Tiwari, the present incharge of the Photography Department. The University started a vocational course of Photography in the year 1995-96 and the petitioner along with one Dr. Shikha Chauhan was engaged for teaching Photography to B.A. and B.Sc. classes. The petitioner possess the qualification of diploma in Photography from Allahabad University. The appointment letter was issued on 7.12.1998 appointing the petitioner Birendra Bahadur Singh as guest lecturer in pursuance to the order of Vice Chancellor dated 28.11.1998 (Annexure-4 to the writ petition) and petitioner has been teaching as guest lecturer continuously since the date of his appointment. The petitioner Devendra Joshi was appointed on 6.7.2001. The post of lecturer in Photography in the University has not been sanctioned and as such it was resolved in the meeting of a Committee constituted for implementation of the vocational course in the University, held on 3.4.1996 to invite guest lecturers. The minutes of the meeting has been annexed as Annexure-C.A. 2 to the counter-affidavit. A perusal of Annexure-C.A. 2 reveals that the committee took into account a letter dated 9.1.1996 of Mr. G. N. Kholiya, Joint Secretary, U. P. Government, Lucknow and pending formal approval for appointment of the staff it was resolved that the education in vocational course would be imparted by inviting part time/visiting guest lecturers to be paid Rs. 60-100-per lecture. At present it has been admitted by the University that the guest lecturers are being paid Rs. 100 per lecturer subject to maximum of Rs. 5,000, per month.
(3.) THE petitioner has annexed the proceedings of a meeting of Committee constituted by Vice Chancellor to suggest qualification of the teachers in Photography which was held on 14.12.2000. Th eproceedings of the meeting has been annexed as Annexure-6 to the writ petition which was attended by Dr. H. R. Singh, Dean Faculty of Science, Pro. G. K. Pandey, Head of the Physics Department and Sri Himanshu Tiwari, Teacher Incharge Photography. THE members of the committee were in agreement that there is no post graduate degree in Photography anywhere in India and it is only in U.S.A., England, Germany where the post graduate degree D. Phil and D.Sc. in photography is available. It was also mentioned in the proceedings that undergraduate degree is at 3 or 4 places in India at Orissa, Rohelkhand University (Bareilly), Agra and Gwaliyar and also photography has not yet been included in the NET conducted by U.G.C. A perusal of the proceedings also show that it has been clearly recorded therein that ever since photography has been introduced as a subject, it is being taught by guest lecturers who have obtained diploma in photography from this University. Sri Himanshu Tiwari, a member of the said committee and also Incharge of the Photography department since 1977 is also a diploma holder and has earned reputation in his field. In the end the Committee decided that a person to be appointed to teach photography must be an Artist of higher excellence in the field with excellent work in different branches of the subject and teaching experience of at least 5 years at undergraduate level. The committee concluded, that in view of the proceedings and decision the present guest faculty to be continued to teach photography and payment be made as per rules. It has further been resolved, in the meantime, that efforts be made to write to the U.G.C. and other places where the subjects are being taught for information regarding qualification of teacher in photography. The admitted position is that the petitioner is teaching photography in the University since the year 1995, i.e., from the date of his appointment and it has also been stated in the writ petition that he is performing other duties such as invigilation and paper setting etc. It has further been contended in paragraph 14 of the writ petition that the petitioner has been allotted approximately 50 periods in a week whereas the regular teacher of the University is supposed to take only 18 periods in a week as per norms of the U.G.C. This fact has been denied in paragraph 14 of the counter-affidavit.;