S.H.A.Raza, J. - (1.) THE petitioner, who was initially appointed as Laboratory Attendant in September 1969 in the department of physiology of the King George's Medical College, Lucknow which was a constituent College of the respondent University; and on September 17, 1979 was promoted to the post of Lab. Assistant, has prayed for the issue of a writ in the nature of certiorari quashing the proceedings of recruitment and order evidence by order, dated December 24, 1979 contained in Annexure 7 and also prayed for a mandamus commanding the opposite parties not to revert the petitioner from the post of Lab. Technician in pursuance of the impugned selection. The petitioner has averred that on September 17, 1976 he was appointed on the vacant post of Lab. Technician which fell substantively vacant with effect from October 3, 1971. On representations made by the Lucknow, Vishwavidalaya Karmachari Sangh the opposite party No. 1 through its Registrar gave an assurance by means of a letter, dated January 23, 1978 that persons working in temporary and ad -hoc appointments would be made regular when the post substantively falls vacant subject to their work being found satisfactory on February 23, 1974 by means of circular No. 18392 -402 issued by the Registrar, Lucknow University to all Heads of Departments and Deans of Lucknow University when informed them that the Vice -Chancellor was pleased to decide that temporary employees working against permanent vacancies will be made permanent provided they have completed three years service as per executive council resolution, dated November 27, 1970 and the temporary employees who were working will be deemed to be permanent. The first appointment of the petitioner was recommended with a commendatory note by the Head of Department of Physiology and on April 15, 1976 the Professor and Head of Department of the Physiology Department has recommended to the Principal K.G.M.C. that he is graduate and a good worker and possesses the requisite qualification and experience as prescribed by the Government. On November 29, 1979 an advertisement was inserted in newspapers inviting applications for the post of Lab. Technician which even allowed eligibility to a non -matric candidate provided he possessed seven years experience : when at the time of the appointment of the petitioner the minimum qualification was matriculation. The contention of the petitioner is that in view of Annexures 1 and 2 there existed no occasion for advertising the said post. It was further averred that ignoring all norms of recruitment opposite party No. 3, who is a non -matric and had no previous experience of the post of Lab. Technician, not even officiating experience, was selected for appointment vide Annexure 7 in response to the aforesaid Advertisement. The petitioner represented to the Vice -Chancellor but in vain. Thereafter he represented to the Chancellor of the University who was pleased to reply that his application was sent to the Vice -Chancellor for the disposal. It was also contended that the appointment of the petitioner on the post of Lab. Technician was allowed to continue till further orders as contained in the order, dated October 3, 1977. After the said order, no order reverting the petitioner from the post of Lab. Technician was ever passed or served upon the petitioner and there cannot be any automatic reversion without there being any valid or legal order issued by the competent authority. It was further pleaded that the petitioner being a person belonging to backward class cannot be reverted from the post of Lab. Technician particularly when he has worked on the post of Lab. Technician for a period of more than three years in accordance with the policy of the State Government as enunciated in G.O. No. 5535/CHALIS/ -1 -81 -15 -C 28 (80), dated Nov. 16, 1981 and G.O. No. 5119/XXX/ -1 -81 -15 (28) 80, dated Sep. 30, 1981 which provides that persons belonging to Backward classes community, who are working from September 30, 1981 for long and indefinite period on temporary or ad -hoc basis should be regularised on the post on which they had worked even though the promoted backward class candidates may be junior most in seniority list. In Para 3 of the Counter -affidavit it is admitted that the petitioner was appointed temporarily as Lab. Technician on leave vacancy of Smt. Veena Misra which was a permanent post. When Smt. Veena Misra did not join after the application of leave, her services were terminated with effect from September 4, 1977 and on the basis of the petitioner working satisfactorily he was appointed on the post. It was further alleged that the petitioner was appointed as Lab. Attendant in ignorance of the claim of Sri Munna Lal, Junior Lab. Assistant. The petitioner was appointed as Lab. Technician in the leave vacancy of Smt. Veena Misra., One Sri Natha Ram was also senior to the petitioner as Lab. Attendant and the petitioner could not be as Lab. Technician in preference to Shri Natha Ram. It was further stated that on the termination of service of Smt. Veena Misra the post of Lab Technician fell vacant on permanent basis and it was then decided to fill it up by issuing the advertisement in the Pioneer and Northern India Partika. The State Government vide G.O. dated December 17, 1973 has laid down the following qualifications for the post of Lab, Technician; Intermediate with science and diploma in connected subject. Or Intermediate Science with three years' experience. Or High School with diploma and two years experience. Or High School or non -matriculate with seven years experience. Before the issue of the said G.O. no qualification was prescribed for Lab. Technician and even persons possessing qualifications upto Class 4 or 5 could be appointed. It was further averred that the opposite party No. 3 despite being a non -matriculate was eligible for promotion as Lab. Technician as he was a senior -most junior Lab. Assistant having been appointed to that post in the year 1957.
(2.) A supplementary counter -affidavit has been filed reiterating more or less the same facts. In the counter -affidavit, the averments contained in para 5 of the writ petition regarding the circular issued by the Registrar Luck -now University, dated February 23, 1974 by means of which a direction was issued that temporary employees working against permanent vacancies, will be permanent if they had completed three years service as per Executive Council resolution, was rebutted. Further more the averments made by petitioner in Paras 16 -C and 16 -D regarding the policy of the State Government as enunciated in different Government orders was repeated by means of which it was provided that the services of the persons belonging to Backward classes community, who have been working on or before September 30, 1981 for a long and indefinite period on temporary or ad -hoc basis should be regularised on the post on which they had worked Even though the promotee Backward class candidate may be junior -most in seniority list. Admittedly the petitioner belongs to backward class and has worked more than three years on the post of Lab. Technician and there exists no allegation of unsuitability against him he cannot be reverted from the post of Lab. Technician to the post of Lab. Attendant. In view of the decision taken by the University Executive Council as well as the policy of the State Government as enunciated in various Government Orders which provide that the services of the persons belonging to Backward class community who have been working on or before September 30, 1981 for long and indefinite period on temporary or ad -hoc basis should be regularised on the post on which they had worked even though promotee backward class community may be junior -most in the seniority list, the opposite parties totally ignored the direction of University authorities contained in Annexures 1 and 2 of the writ petition as well as the policy of the State Government. In view of what has been stated herein above this writ petition deserves to be allowed. The proceedings of the recruitment and the order, dated March 15, 1980 issued by the Principal K.G.M.G. Lucknow contained in Annexure 7 is quashed and a mandamus is issued to the opposite parties not to revert the petitioner from the post of Lab Technician in pursuance of the impugned order contained in Annexure 7 if he has not been reverted and in case he has been reverted then put him back on the post of Lab. Technician with all the benefits accrued with effect from March 15, 1980. However, it will be open for the opposite parties to promote Sri Munna Lal to the post of Lab. Technician if he has not been promoted so far in the same department or any other department. There will be no order as to costs.;