G.S.N.Tripathi, J. - (1.) IN this petition the petitioner made the following prayers : A A writ, order or direction including a writ in the nature of certiorari quashing the impugned order dated 26-05-1992 passed by the respondent No. 1 (Annexure 14 to the writ petition) : B. A writ, order or direction including a writ in the nature of mandamus commanding the regularisation committee to reconsider the question of regularisation of the services of the petitioner in accordance with law as declared by this Hon'ble Coutt ; C. A writ, order or direction including a writ in the nature of mandamus commanding the respondents not to interfere in the working of the petitioner as Lecturer in Sanskrit in the institution in question : D. A writ, order of direction INcluding a writ in the nature of mandamus commanding the respondents to pay the salary to the petitioner month by month as and when it falls dues E. A writ, order or direction including a writ in the nature of mandamus declaring the provisions of section 31-C (4) of U. P. ordinance no. 43 of 1991 (as amended from time to time as null void and unconstitutional to the extent it provides for automatic determination of the services of adhoc lecturers : F. Issue any other writ, order or direction which this Hon'ble court, may deem fit and proper in the circumstances of the case."
(2.) THE institution in question, namely. Sti Bajrang Maha Vidhyalaya Dadar Ashram, Sikandarpur district Ballia is a duly recognised Degree College and is affiliated to Purwanchal University, Jaunpur, earlier it was affilated to Gorakhpur University, Gorkhpur.. THE institution in question is on the maintenance-grant in and list of the State Government. Ail Its teachers and employees are being paid their salaries through the State Funds. THEre is an approved scheme of Administration in the Institution in question for managing the affairs of the institution. THE petitioner passed his Intermediate examination in the year 1971 obtaining 49.6% marks. Sabsequently. the petitioner passed his B. A. Examination from Gorakhpur University in the year lv73 obtaining 48 4% marks. THE petitioner also passed his M. A. Examination in Sanskrit in the year 1975 obtaining 59.3% marks. He was also awarded Ph. D. in the year 1981 by the Gurakhpur University. A permanent vacancy arose in the institution aforesaid on the retirement of Dr. Sudarshan Tripathi and in order to fill the said vacancy an Adhiyachan/requisition was made Jo the Commission and since no recommendation was made by the Commission for filling up the post, therefore, an advertisement was issued by the management of the institution on 6-8-1985 in the local newspaper. For the post of lecturer in Sanskrit (Annexure 5 to the petition). On the basis of the said advertisement several persons including the petitioner applied and appeared before the Selection Committee. After scrutiny of the candidature of the petitioner, the Selection Committee found the petitioner most suitable person and recommended his name to the Managing Committee. The recommendation of the Selection Committee was duly accepted by the Managing Committee of the institution and en appointment letter was issued to the petitioner on 10-4-1986 by the respondent no. 6 (Annexute 6 to the petition). Pursuant to the said appointment letter the petitioner joined the institution on 10-4-1986 (Annexure 7 to the petition) The appointment of the petitioner was approved by the Vice Chancellor of University on 10-4-1986 (Annexure 8 to the petition). Ever since the date of initial appointment the petitioner has been regularly working in the said institution as a lecturer in Sanskrit and has been paid his salary upto June 1992 without any complain against him regarding his work and conduct. The State Government issued an Ordinance, being Ordinance No 43 of 1991 on 22-11-1991 fot regularising the services of the adhoc teachers working in the Degree College of the State of Uttar Pradesh The said Ordinance was amended by subsequent Ordinance no. 48 of 1991 dated 31st December. 1991 and also by Ordinance no. 11 of 1992 dated 31st March 1992. (Annexures 10 to 12 of the petition).
(3.) IN pursuance of the aforesaid Ordinance, the name of the petitioner was forwarded by the INstitution in prescribed proforma before the Regularisation Committee but the respondent no. 1 by his order dated 26-6-1992 (Annexure 14 to the petition;, has illegally rejected the candidature of the petitioner. IN pursuance of the said order of the respondent no. 1, the services of the petitioner would be deemed to have been terminated in 30th June, 92. The grounds taken in the said order are false, incorrect and preverse. Moreover no notice or opportunity whatsover has been given to the petitioner before the impugned order dated 26-6-92 has been passed against the petitioner. The order is non speaking one and no reasons have been assigned for not accepting the candidature of the petitioner. The petitioner is entiled to relaxation in his qualification due to P. Hd. Degree and the said relaxation has been rightly given to him by the said Selection Committee and the respondent nos. 1 and 2. had no occasion to interfere with the relaxation of the qualifications of the petitioner. The object of the Ordinance was to regularise the services of the teachers like the petitioner, who had been appointed on ad hoc basis. By the impugned order the said object has been defeated, in these circumstances the petition was filed for the reliefs aforesaid. In the counter affidavit filed on behalf of the respondents by Dr. tarn Vijai Singh, posted as Assistant Deputy Director (Higher Education) in the Directorate of Higher Education, U. P. Allahabad, it has been alleged that before filing the present writ petition the petitioner has filed another writ petition no. 18940 of 1990 in this court. The prayer was that both the writ petition should be heard together. With the enforcement of U. P. Higher Education Services Commission Act, 1980 w.e.f. 21-8-1981 the appointment of teachers in non-Government aided colleges of the State were required to be made under the provisions of the Commission Act, 1980 only. Section 16 of the Commission Act 1980 empowered the management to appoint a teacher on purely adhoc basis subject to the provisions of the section 16 of the said Act. While making any appointment under section 16 of the Commission Act, 1980, there was no statutory requirement of any Selection Committee to be constituted for the selection of a teaches on adhoc basis nor any 'Selection Committee' constituted beyond its statuary requirement, was empowered to grant any relaxation in the minimum required qualification for the post. The Selection Committee constituted under section 31-4 (d) of the U. P. State Universities Act. 1973 and consisting of two experts, alone was empowered to grant such relaxation. However constitution of the committee under section 31-4 (8) was discontinued after the enforcement of Commission Act 1980. The management under section 16 was required to 'appoint a teacher on purely adhoc basis from amongst the persons holding qualifications prescribed therefor.' The qualifications for appointments of the teachers in affiliated college, as prescribed under Statutes 11.13 of the Gorakhpur University are being reproduced below : "11.23 (1) In the case of any college affiliated with the University, the following shall be minimum qualifications for the post of lecturer in the Faculty of Arts (except the Department of fine Arts and Music) and the Faculties of Commerce and Science : namely. (a) An M. Phil degree or a recognised degree beyond Masters level of Published work indicating the capacity of a candidate for independent research work and (b) Consistently good academics record atleast first or high second class Masters degree or an equivalent degree of a foreign university in a relevant subject : The expression 'consistently good academic record has been defined in the Statutes 11.07 (d) of the University. "11.07 (d)-For the purpose of this statutes a candidate (other than a candidate for lectureship in the Faculties of Education and law) having obtained cither an average of 53 percent marks in the two examinations prior to Master's degree, that is to say Intermediate and Bachelor's degree Examination (irrespective of marks obtained in any of the to examinations) or 50 percent marks in each of the two examinations separately is said to have consistently good academic record." ;