Ashwani Kumar Mishra, J. - (1.) This bunch of writ petitions relates to absorption of teachers engaged on honorarium basis, in aided non-government Degree Colleges in the State of Uttar Pradesh. Method and methodology to be followed for their absorption, in the backdrop of applicable statutory scheme, as also the previous judgments operating in the field, requires determination.
(2.) Prior to 1973, Higher Education in the State of Uttar Pradesh was dispensed through different Universities and its affiliated Colleges which were established under different statutory enactments. In order to bring uniformity and for streamlining higher education in the State of Uttar Pradesh, the Parliament enacted the Uttar Pradesh State Universities Act, 1973 (hereinafter referred to as 'the Act of 1973'). The Act of 1973 contained provisions to regulate appointment of teachers in the existing Universities as also the affiliated Colleges including provisions for establishment of new Colleges. Section 31 of the Act of 1973 provided that appointment of teachers would be made only on the recommendation of Selection Committee, in terms of Sub-section (2) thereof. The constitution of Selection Committee was also prescribed. Appointment of teachers in the affiliated Degree Colleges had to be made substantive basis by way of direct recruitment by following a transparent recruitment process. However, experience showed that recruitment contemplated as per the Act of 1973, did not materialize for various reasons, necessitating the legislature to introduce a provision in 1977 for regularization of teachers hitherto engaged on ad-hoc/temporary/part time basis. Over a further period of time it was also realized that the scheme for direct recruitment of teachers on substantive basis, under the Act of 1973 has failed to deliver the desired result.
(3.) The State legislature, consequently, came out with a new piece of legislation known as U.P. Higher Education Service Commission Act, 1980 (hereinafter referred to as 'the Act of 1980'). Task of appointing teachers in aided Colleges was entrusted to the Higher Education Service Commission, a statutory body created under Section 3 of the said Act (hereinafter referred to as 'the Commission'). All posts sanctioned under Section 60-E of the U.P. State Universities Act, 1973, fell within its purview, except posts in aided Colleges established and administered by a minority referred to in Clause (1) of Article 30 of the Constitution or a College exclusively maintained by the State Government. By way of an amendment, introduced vide U.P. Act No. 30 of 2004, the definition of 'College' in the Act of 1980 was amended further to exclude a College running self finance course.;