B.N.Sapru, J. - (1.) There is a Society known as Dev Nagri Polytechnic Society, Meerut, which runs a polytechnic known as Dev Nagri Polytechnic, Partapur, Meerut which is an affiliated institution of the Board of Technical Education, Uttar Pradesh, which has been constituted under the Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962 (U. P.Act No. 17 of 1962) (hereafter to be referred as the Act').
(2.) A post of Lecturer in Civil Engineering (Department was advertised and selection com-miittee was constituted. In the Committee one Sri Khwaja Shamim, Professor and Head of the Civil Engineering Department of Zakir Hussain College of Engineering and Technology, was nominated as a technical expert. (The petitioner appeared before the Selection Committee and his name was duly recommended for appointment. The report of the Selection Committee was endorsed by the Committee of Management in its meeting held on 6-12-1981 which also decided to send the name of the petitioner for approval to the Director of Technical Education. In anticipation of the approval of the Director of Technical Education, an appointment letter No. 37/ 256 dated 6-12-1981 was sent to the petitioner offering him the post of lecturer in civil engineering. The appointment was subject to the approval of the Director of Technical Education and was on a probation for two years and during the probationary period the petitioner's services could be terminated at any time on one month's notice. The appointment of the petitioner on the post of lecturer in civil engineering was approved by the Director of Technical Education by letter No. 2206/E-35-X-6(M) dated 24-4-1982.
(3.) The approval of the Director of Technical Education was subject to certain conditions one of the conditions was that the technical expert as selected by the Director had been called for attending the meeting of the selection committee. The Principal of the institution found that the technical expert though called had not participated in the meeting of the selection committee and he considered that in view of the Director's order, mentioned earlier, the selection of the petitioner was irregular as the Selection Committee was not properly constituted as the technical expert nominated by the Director had not participated in its proceedings. Consequently by means of letter dated 20-7-1982 the petitioner's services were terminated.;