AMITAVA LALA,J. - (1.) SINCE all the aforesaid writ petitions are arising out of self same impugned order and common question is involved, the aforesaid writ petitions have been heard analogously and are being decided by this common judgement having binding effect on all the writ petitions.
(2.) THESE writ petitions have been filed challenging the order dated 03rd March, 2009 passed by the appropriate authority-respondent no. 4 holding that the appointment of the petitioners have been made without approval of the Vice-Chancellor, M.J.P. Rohilkhand University, Bareilly (hereinafter in short called as the 'University'), hence their salary can not be released. The fact remains that in pursuance of the advertisement/s issued by the Gandhi Faiz-E-Aam College, Shahjahanpur (hereinafter in short called as the 'College'), which is a minority institution, the petitioners being qualified and eligible for facing interview before the Selection Committee, applied for the post of lecturer in Physics, Hindi, English and Mathematics respectively. Approval for the panel of experts was granted by the Vice-Chancellor and accordingly the Selection Committee was constituted. The Selection Committee selected the petitioners and recommended for their appointment. The Managing Committee of the college approved the recommendation of the Selection Committee. The concerned college sent the matter to the Vice-Chancellor along with the documents and details on 11th and 12th September, 2008 and 06th October, 2008 (as per individual case of the respective petitioners) for approval of proposal of the petitioners' appointment. Since no response was being received from the office of the Vice-Chancellor till 04th November, 2008 and 13th November, 2008 (as per individual case of the respective petitioners), the Management of the College applying the provisions of Section 31 (11)(c) of the Uttar Pradesh State Universities Act, 1973 (hereinafter in short called as the 'Act, 1973') issued appointment letters to the petitioners. The petitioners joined and are regularly teaching in the college as lecturers in the respective subjects. Pay-bill/s along with the letter/s was/were sent by the college to the District Inspector of Schools for payment of salary to the petitioners. However, on 07th March, 2009 the petitioners have been informed by the college that the District Inspector of Schools has passed the impugned order on 03rd March, 2009 to the effect that since the appointments were made without approval of the Vice-Chancellor, their salary can not be released. In such circumstances, though the petitioners are regularly teaching in the college as lecturers but their salaries are not being paid.
(3.) MR . Anurag Khanna, learned Counsel appearing for the petitioners, contended before this Court that the appointment of the petitioners were made in accordance with law. Section 31 of the Act, 1973 has several parts. He said that the institution, in which appointments have been given to the petitioners, is a minority institution. As per the second proviso to Section 31 (4)(c) of the Act, 1973, in the case of colleges established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India, the experts shall be nominated by the Management suggested and approved by the Vice-Chancellor. In the instant cases, it has been done. Section 31(11)(c) of the Act, 1973 says that the Vice-Chancellor, if he is satisfied that the candidate recommended by the Selection Committee does not possess the minimum qualifications or experience prescribed, or that the procedure laid down in the said Act for the selection of the teacher has not been followed, shall convey to the Management his disapproval, but if he does not convey his disapproval within a period of one month from the date of receipt of the documents referred to in clause (b), or does not send to the Management any intimation in connection therewith, he shall be deemed to have approved the proposal. This question arose because the Management was required to submit the recommendations of the Selection Committee along with relevant documents to the Vice-Chancellor for approval.;