Devi Prasad Singh, J. - (1.) 1. The Department of Culture, Government of U.P. was having three Indian Folk Music Schools at Lucknow, Almora and Dehradun, with the name and title "Bhatkhande Hindustani Sangeet Mahavidyalaya, in short, Institute. All the three institutes were fully financed and controlled by the Government of U.P. The teachers were transferable from one institute to other institute. Virtually, the institute situated at Lucknow was the main institute and other two for all practical purposes were branches of the institute, situated at Lucknow.
(2.) THE petitioner was appointed as Lecturer (Kathak) in the institute, situated at Almora by an order dated 24.3.1990, a copy of which has been filed as Annexure-7 to the writ petition. She was appointed in pursuance to the selection made by a Selection Committee on ad hoc basis by the Government of U.P. An appointment letter was issued by the Director, Directorate of Culture, Government of U.P., Lucknow. In pursuance to the appointment letter dated 24.3.1990, issued by the Director, Culture, Government of U.P., the petitioner resumed duty as Lecturer (Kathak) and was continuing in service. THE Government of U.P., by another order dated 23.8.1991 by an unilateral decision, informed the Director, Cultural Affairs, Jawahar Bhawan, Lucknow that the tenure of appointment of the petitioner and some other teachers is made contractual from 1.3.1991 for a period of eight months subject to payment of fixed salary of Rs.3,516/- per month. It shall be important to take note of the fact that by appointment letter dated 24.3.1990, the petitioner was appointed at Almora branch but directed to resume duty at Lucknow and her services were transferable to any branch. The post of Lecturer (Kathak) was advertised and feeling aggrieved with the advertisement, issued in the month of October, 1990, the petitioner had preferred a writ petition No.6003(S/S) of 1991. This Court by an interim order dated 18.9.1991 permitted the petitioner to continue in service with liberty to appear in the selection in pursuance to the advertisement but the result would not be declared. According to the petitioner's counsel, in pursuance to the interim order dated 18.9.1991, the petitioner was permitted to continue in service as ad hoc Lecturer in terms of the original appointment order. The attention of the Court has been invited to the fact that in the year 1991, when the petitioner was appointed, qualification for the post of Lecturer was Visharad/Bachelor's Degree with three years experience in a Sangeet institution. The qgiven in the advertisement No.3/90-91, published by the Public Service Commission of the State of U.P. is reproduced as under : PUBLIC SERVICE COMMISSION ADVT. : UTTAR PRADESH 3/90-91 (12) ONE LECTURER (KATHAK NRITYA), Almora Branch of Bhatkhande Hindustani Sangeet Mahavidyalay. (Deptt. No. S-3/5) POST:- Non-gazetted/temporary, PAY :- 850-1270 (Old Scale), QUALIFICATIONS : ESSENTIAL :- (1) Visharad/Bachelor's degree or equivalent qualification in concerning subject. (2) At least three years teaching experience in a Sangeet institution of repute or three years experience of production work in any station of AIR and (3) High School examination of U.P. Board or its equivalent. PREFERENTIAL :- Experience of performance Prescribed qualifications relaxable in case of candidates otherwise found suitable. AGE :- Between 25 to 35 years." It has been stated that when the petitioner was appointed in 1991 as ad hoc teacher, she was possessing the aforesaid qualification.
(3.) ACCORDING to the petitioner's counsel, the petitioner possessed the following qualifications and experience in the field of music : ACADEMIC QUALIFICATION OF SMT. MANJULA PANT S. No. Qualification Institute Year Div. Note 1. Madhyama Bhatkhande Sangeet Vidyapeeth 1977 I Madhyama in Kathak is two years course. 2. Visharad Kathak Bhatkhande Sangeet Vidyapeeth 1979 I Visharad in Kathak is two years course. (Graduate) 3. Nipun Kathak Bhatkhande Sangeet Vidyapeeth 1982 I Nipun in Kathak is three years course. (Postgraduate) 0 4. High School U.P. Board 1979 I 5. Intermediate U.P. Board 1981 I B.A. Lucknow University 1 1983 I;