S.K. Dhaon, R.P. Singh, JJ. - (1.) In purported exercise of powers under the provisions of U.P. Higher Education Service (Commission) Act, 1980 (hereinafter referred to as the 'Act') the petitioner was appointed as a Lecturer in Law in the K. C. K. College Moradabad, the first appointment took place on 1st September, 1985 and the same was approved by the Vice-Chancellor on 16th October, 1985. It is averred that subsequently the appointment of the petitioner was extended from time to time. It is also averred that so far, the Commission appointed under the aforementioned Act, has not made any recommendations regarding the appointment of Lecturer on substantive basis. However on 11th December, 1986, the President of the aforementioned College sent a communication to the petitioner that his appointment had come to an end. He has also made an endorsement to the Principal of the College that the petitioner should not be permitted to take the classes after specified period. The petitioner has, therefore, sought the protection of this court under Article 226 of the Constitution of India.
(2.) This Court in the case of Shiv Chandra Mishra and others v. District Inspector of Schools, Allahabad, 1986 UPLBEC page 248 had an occasion to consider the provisions of Section 1 of the U.P. Secondary Education Service Commission and Selection Boards Act, 1982 which are para material with the provisions of Section 16 of the Act. This Court has taken the view that a person appointed on ad hoc basis under Section 18 shall continue till a proper selection is made by the Commission. The position, therefore is that the petitioners appointment on ad hoc basis in the aforementioned college will continue to subsist till a selection is made by the Commission and the person so selected joins the College.
(3.) In view of the legal position stated above, the petitioner would be entitled to salary from month to month till a selection is made by the Commission and the persons so selected joins.;