S.H.A. Raza and Bhagwan Din, JJ. - (1.) THE petitioner was appointed on 20.6.1991 in V.V. Post Graduate College, Shamli, Muzaffarnagar as Lecturer in the Geography Department, as his appointment was purely ad -hoc. However, his services were not regularised by the Selection Committee appointed under Section 31C of the U.P. Higher Education Services Commission Act, 1980. Being aggrieved against the said order, the petitioner preferred the present writ petition. In the said writ petition the vires of ordinance which was substituted by the Act itself, was assailed on the ground that the cut off date i.e. 30th June, 1991 mentioned in Section 31C of the Act had no nexus with the object sought to be achieved by the said Act. On 2nd November, 1992 in that writ petition as well as several other writ petitions, orders were passed that the respondents would not interfere with the working of the petitioner as Lecturer. Later on all those writ petitions were dismissed and the vires of Section 31C of the Act was upheld. Later on Section 31C was amended by the U.P. Ordinance No. 5 of 1997, which was promulgated by the Governor on May 26, 1997 by means of which the cut off date June 30, 1991 was deleted and in its place figures "November 22, 1991" was substituted. The said Ordinance was replaced by the U.P. Higher Education Service Commission (Amendment) Act, 1997 and the word and figures "June 30, 1991" were replaced and word and figures "November 22, 1991" were substituted.
(2.) THE petitioner contends that he was working as ad -hoc lecturer prior to November 22, 1991, hence, his services should be regularised under Section 31C of the Act. The Selection Committee failed to regularise his services. We are of the view that in view of the amendment in Section 31C of U.P. Higher Education Service Commission (Amendment) Act, 1997 the case of the petitioner deserves to be considered again by the Selection Committee, which may consider the case of the petitioner and pass appropriate orders. In view of the observations made a writ in the nature of certiorari quashing the order dated 20.6.1992 contained in Annexure -7 to the writ petition is issued. The Selection Committee is directed to consider the case of the petitioner afresh in accordance with law if they have not yet started that process.;