G.S.N. Tripathi, J. - (1.) IN this petition, the following prayer has been made by the petitioner. A. A writ, order or direction, including a writ in the nature of certiorari, quashing the impugned order dated 20.6.1992 passed by respondent No. 1 (Annexure -10) and consequential order dated 30.06.1992 passed by the respondent No. 6 (Annexure 11 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 Court; 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 Hindi in the institution in question; D. A writ, order or 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 due; E. A writ, order or direction including a writ in the nature of mandamus declaring the provisions of Sec. 31 -C(4) of the U.P. Ordinance No. 43 of 1991 (as amended from time to time) as null, void and unconstitutional to the extent it provides automatic termination of the services of ad hoc 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; G. Award costs of the writ petition throughout to the petitioner. The Institution, namely, Hindu Degree College, Zamaniya, District Ghazipur (represented by the Committee of Management, respondent No. 6) is a duly recognised Degree College affiliated to Purwanchal University, Jaunpur. The Institution in question is on the maintenance grant -in -aid -list of the State Government. All 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 1974 and obtained 46.4% marks. He passed his B.A. Examination from the Banaras Hindu University in the year 1976 and obtained 56.9% marks. He passed his M.A. Examination in Hindi from the said University in 1976 and obtained 59.3%. He was also awarded Ph.D. by the said University in the year 1982. The petitioner is also having Diploma in Urdu and had obtained First Class Marks therein. Thereafter, in the year 1989, the petitioner passed the Bachelor of Journalism Examination from Kashi Vidhya Peeth and secured 54.8 % marks. He has published a large number of papers, details of which have been given in paragraph 3 of the writ petition.
(2.) IN view of the qualifications of pre 1989 period, the petitioner is entitled for relaxation of minimum qualifications on account of his Ph.D. Degree and a very large number of his publications and thus the Vice -Chancellor clearly viewed that in view of subsequent records, the deficiency of marks in the Intermediate Examination aforesaid should be dis -regarded and relaxation permissible under Jaw should be extended to the petitioner. A permanent vacancy arose on account of creation of a new post in the Department of Hindi in the Institution aforesaid and in order to fill the said vacancy, an Adhiyachan (requisition) was made to the Commission and since no recommendation was made by the Commission for filling up the post in question, therefore, an advertisement was made by the Management after expiry of 3 months on 26.7.89 in the daily newspaper 'Dainik Jagran' (Annexure 1). On the basis of the said advertisement, several persons applied for the post of Lecturer in Hindi including the petitioner and appeared before the Selection Committee. After scrutiny of the candidates, the Selection Committee found Sri Niranjan Rai and the petitioner as suitable persons and they were placed on merit list accordingly. Sri Niranjan Rai at serial No. 1 and the petitioner at serial No. 2. Sri Niranjan Rai did not join the institution, therefore, the petitioner, who was at serial No. 2 was issued appointment letter (Annexure 2). Subsequently a resolution was made by the Managing Committee on 10.4.90 appointing the petitioner as Lecturer in Hindi and an appointment letter was accordingly issued on 17.4.1990 by the Managing Committee in favour of the petitioner (Annexures 3 and 4). The petitioner joined the institution on 17.4.90 itself (Annexure 5). His appointment was duly approved by the Vice -Chancellor of the University on the same day (Annexure 6). Ever since the petitioner has been working regularly without any break and has been receiving his salary throughout. His work and conduct has been found to be satisfactory.
(3.) SRI Jai Prakash Rai, the petitioner in writ petition No. 21368 of 92, had challenged the appointment of the petitioner under Sec. 68 of the State Universities Act before the Chancellor. The Chancellor rejected his representation on 31.5.92. Subsequently Sri Jai Prakash Rai filed a writ petition before this Court. However, no interim order was passed and the said petition is pending.;