Manoj Misra, J. - (1.) The petitioners were appointed as Guest Lecturer on contract basis, session by session, in Gandhi Polytechnic, Muzaffarnagar (hereinafter referred to as the Institution), which is a privately managed polytechnic affiliated to the Board of Technical Education, U.P. and is on grant-in-aid. The institution is governed by U.P. Pravidhik Shiksha Adhiniyam, 1962 (hereinafter referred to as Act, 1962) and the regulations framed thereunder.
(2.) According to the petitioners, the petitioner no.1 was appointed as a Guest Lecturer in Mechanical Engineering on 01.09.2012; the petitioner no.2 was appointed on 07.09.2010 as a Guest Lecturer in Physics and both had been working as such till date. In respect of petitioner no.2 it has been stated that he had been working in both shifts. It is claimed that the petitioners 1 and 2 both belong to the OBC (other backward classes) category. In so far as petitioner nos. 3 and 4 are concerned, they belong to Scheduled Caste category. It has been claimed that petitioner no.3 had been working as Guest Lecturer (Electrical Engineering) since 16.08.2010 whereas petitioner no.4 had been working as a Guest Lecturer (Mechanical Engineering) since 01.09.2012.
(3.) The grievance of the petitioners is that they are being paid at the rate of Rs. 140/- per theory period and Rs. 70/- per practical period though under Government Order dated 18.01.2013 they are entitled to payment at the rate of Rs. 300/- per theory period and Rs. 150/- per practical period. The other grievance of the petitioners is that for appointment of regular faculty in the institution, an advertisement was published on 14.08.2015 where under five posts of Lecturer (Technical) in the pay band Rs. 15,600-39,100, Grade Pay Rs. 5,400/- were advertised. Out of the said five posts, post of Lecturer (Civil) was reserved for Scheduled Caste candidate and post of Lecturer (Electrical) was reserved for OBC candidate whereas three posts were left unreserved. But, later, the advertisement was withdrawn and a fresh advertisement was issued where under all the above posts were kept unreserved thereby diminishing the chance of the petitioners to get selected.;