Vineet Saran, J. - (1.) IN June, 2007 an advertisement was issued by the Banaras Hindu University for filling up vacancies on several posts, including 19 posts of Semi Professional Assistants in Library Sector. It is for the selection and appointment on such posts of Semi Professional Assistants in Library Sector that the petitioners are aggrieved.
(2.) I have heard Smt. Manju R. Chauhan, learned Counsel appearing for the petitioners as well as Sri S.F.A. Naqvi, learned Counsel appearing for the Union of India and Sri K.K. Roy, learned Counsel appearing for the contesting respondent -University and have perused the record. With consent of the learned Counsel for the parties, this writ petition is being heard and decided at this stage without calling for a counter affidavit. Brief facts of this case are that on 10.1.2003 an advertisement was issued by the Banaras Hindu University for engagement/appointment of Semi Professional Assistants "purely on contractual basis initially for a period of six months extendable for further period on satisfactory services, without any commitment for absorption on regular basis." The said appointments were to be made on fixed remuneration of Rs. 4,500/ - per month. Then on 7.4.2003 another advertisement was issued for filling up one permanent sanctioned post of Semi Professional Assistants. All the petitioners had applied in response to the first advertisement dated 10.1.2003 for the contractual posts and some of the petitioners had also applied for appointment in response to the subsequent advertisement dated 7.4.2003 for the permanent sanctioned post. It has been stated that the selection in pursuance of both the advertisements was held together. One Alok Kumar Singh was selected and appointed on the permanent post, which was in response to the advertisement dated 7.4.2003. The petitioners herein were all selected and given appointment on contractual basis on fixed remuneration, which, was in response to the advertisement dated 10.1.2003, and claim to continue to work since then. Now by means of an advertisement issued in June, 2007 applications have been invited for filling up 19 permanent posts of Semi Professional Assistants in Library -Sector.
(3.) THE case of the petitioners is that since they have been working as Semi Professional Assistants on contractual basis for the last 4 years and their engagement/appointment had been made after following the selection process, they ought to be first absorbed on the vacant posts which have now been sanctioned. It has further been submitted that in similar situation, the Office Assistants who had been appointed on contractual basis in the year 2002, were later confirmed as Office Assistants when the posts were made available to the University in the year 2005. It has thus been submitted that the petitioners, who 'are all similarly placed as the Office Assistants, should also be regularized/absorbed on the post of Semi Professional Assistants which have now been sanctioned and have been advertised. Smt. Chauhan has further submitted that as per the University Grants ' Commission (UGC) guidelines, 25% posts are to be filled up by absorption from amongst the persons already working and .as such the petitioners should first be considered for such absorption before advertising the posts for direct recruitment.;