D.K.Seth, J. - (1.) These group of writ petitions have been heard together by the consent of parties since common questions of law and facts are involved in these cases. They are being disposed of by common judgment.
(2.) After referring to the common facts, we shall refer to the scope of the respective writ petitions separately. The common facts giving rise to the respective cases are summarised as hereinafter.
(3.) Some vacancies in the post of Readers, Lecturers and Professors arose in the Allahabad University before June, 1993. On 15.6.1993 applications were invited through public advertisements (Annexure-1, 1A and IB) for 8 posts of Lecturers and 4 posts of Readers and one post of Professor in the Department of Chemistry in the said University. The Petitioners (in writ petition No. 21723 of 1995), hereinafter referred to as the petitioners, were called for interview by letters issued on 26.11.1993. The interviews were held between 12.12.1993 and 15.12.1993. The recommendation of the Selection Committee, excepting that of Dr. Dinesh Mani (petitioner No. 8), was accepted by the appointing authority (Executive Council) in its meeting dated 3.3.1994. Nine out of 10 petitioners joined the posts of Lecturers and Readers respectively on 4.3.1994. On a reference under Section 31(8) of the U.P. State University Act, 1973, the Chancellor approved the name of Dr. Dinesh Mani (petitioner No. 8) on 27.6.1994 (Annexure-15). The appointments of the petitioners excepting that of Dr. Dinesh Mani (petitioner no. 8) were confirmed on 4.3.1995. Subsequently the appointment of the petitioners were cancelled by the State Government by an order dated 3rd July/8th August, 1995 (Annexure-11) in exercise of the power under Section 6 of the Act No. 4 of 1994 and a notice of termination of service dated 7.8.1995 (Annexure-5) were issued to them. These orders have given rise to the writ petition No. 21723 of 1995 filed on 11.8.1995. 3.2. Pursuant to the interim order dated 11.8.1995 passed in the said writ petition No. 21723 of 1995, hereinafter referred to as the first writ petition, the Special Secretary, Higher Education afforded oral hearing to the petitioners on 25.8.1995, on the basis of the petitioners' representation (Annexure-7). The Special Secretary, submitted his report (Annexure-9) on 11.10.1995. The Governor also gave an audience to the petitioners on 13.11.1995. It is alleged that no order has been passed. The petitioners challenged the said report by means of amendment since allowed Dr. Krishna Srivastava, the petitioner No. 1 alone filed yet another writ petition being No. 8265 of 1996 challenging the self same report. 3.3. Apart from the petitioners one Sri T. Padarsami and Sri S. Sunderson were also selected in the same process for two other posts of Readers. But they did not join. Therefore, in February, 1995, the said two posts were advertised. The names of Dr. A.P. Mishra and Dr. Alok Srivastava, figured in the waiting list prepared in the same process through which the petitioners were selected. On their representations, the Chancellor by his order dated 6.6.1995 (Annexure-14) directed the University to appoint them in the said two posts since advertised. But this order having not been complied with, writ petition No. 19104 of 1995 was filed on 17.7.1995 by Dr. A.P. Mishra and Dr. Alok Srivastava. The said writ petition was allowed by this Court on 16.8.1995. But the said judgment was reversed by the Hon'ble Supreme Court through a judgment dated 16.12.1995 in Civil Appeal No. 16988 of 1996. 3.4. Dr. Satyendra Prasad Yadav and Dr. Vimla Vyas (petitioners in writ petition No. 22240 of 1995) had also appeared in the interview held between 12.12.1993 and 15.12.1993. But they were not selected. The reference to the Chancellor under Section 68 of the U.P. State Universities Act, 1973, against the selection of the petitioners, at the behest of Dr. S.P. Yadav and Dr. Vyas and others, was rejected on 30.4.1995. Challenging the said order Dr. Yadav and Dr. Vyas filed writ petition No. 22240 of 1995. This writ petition was heard alongwith writ petition No. 21723 of 1995.;