Satyendra Singh Chauhan, J. - (1.) This writ petition has been filed challenging the order dated 03.09.2007, by means of which, the petitioner has been dismissed from the post of Lecturer (Vocal).
(2.) The facts, in narrow compass, are that the petitioner was appointed as Lecturer (Vocal) in Bhatkhandey Music Institute (for short ''the Institute'), which was established in the year 1926 by means of a registered society under the Societies Registration Act. In the year 1996, the college was taken over by the Government of Uttar Pradesh and was placed under its Cultural Affairs Department. After the Institute was declared as a ''Deemed University' by the Government of India (Ministry of Human Resources Development) vide Notification dated 24.10.2000, the Government of Uttar Pradesh by an order dated 18.04.2001 handed over its administration to the Institute with a provision that the Institute shall thereafter be run and managed in accordance with the Rules enclosed with the said Government Order. The Rules of the Institute contemplate that power of creation of post, prescription of salary and service conditions and also the powers of making appointments on all teaching posts is vested with the Board of Management of the Institute. After declaration of the Institute as a Deemed University, certain amendments were proposed by the Institute but the concurrence of Government of India as required under Clause-31 of the parent Rules was not received and, therefore, the amendments though made, did not come into force. The Deputy Registrar, Firms, Societies and Chits has also not accepted those amendments.
(3.) The petitioner is M.A. (Music) from Kanpur University and she also took Ph.D. Degree in Music (Vocal) by the said University in the year 1994. The petitioner was appointed as Lecturer (Vocal) in the Institute in the year 1997 on contract basis. The said appointment was further extended for another year w.e.f. 30.07.1998 by means of Government Order dated 30.07.1998. Subsequently, by another letter dated 03.08.1999, the said appointment was further extended. Thereafter, by an Office Memorandum dated 16.02.2000, the petitioner was appointed as Lecturer on adhoc basis in the regular pay-scale of Rs.8,000-13,500. This order was issued by the Secretary, Government of U.P. After the Institute was given the status of Deemed University, the Board of Management of the Institute regularized the petitioner on the post of Lecturer (Vocal) w.e.f. 05.09.2001 by an order dated 16/17.05.2001. Thereafter, the case of the petitioner was placed before the Board of Management once again. The Board of Management passed a resolution, regularizing the services of the petitioner w.e.f. 17.02.2000 by an Office Memorandum dated 20.05.2005, though the petitioner stood regularized w.e.f. 05.09.2001. The petitioner was given four advanced increments also by means of order dated 20.05.2005, as she was Ph.D. at the time of her joining the Institute.;