M.M. Kumar, J. - (1.) THIS petition filed under Article 226 of the Constitution prays for issuance of a writ in the nature of mandamus directing respondent No. 1 to permit the Principal, D.A.V. College, Pehowarespondent No. 3 to appoint the petitioners as Lecturers on regular basis and to approve their appointments.
(2.) BRIEF facts of the case are that the D.A.V. College Management Committee -respondent No. 2 advertised two posts of Lecturers in the discipline of Political Science and Commerce in DAV College, Pehowa. The posts in question were advertised on 13.10.1988 in anticipation of transfers of one Lecturer each in Political Science and Commerce from D.A.V. College, Pehowa to D.A.V. College, Ambala City, namely, Shri J.C. Verma and Shri K.C. Kaushik. The advertisement was approved by the Kurukshetra University, Kurukshetra vide its letter dated 7.11.1988. The petitioner No. 1 besides other applicants applied for the post of Lecturer in Political Science whereas petitioner No. 2 applied for that of Lecturer in Commerce. The Selection Committee conducted interviews for the aforementioned posts on 12.12.1988 and 15.11.1988 respectively. It is claimed that keeping in view the merit and suitability of all the candidates, Selection Committee selected the petitioners (P -1). On 18.11.1988 and 14.12.1988, Dean of Colleges, Kurukshetra University, Kurukshetra, approved the recommendations made by the Selection Committee, thereby approving the names of the petitioners alongwith other selected candidates. However, approval of appointment was to be conveyed after all the documents mentioned in the letter dated 18.11.1988 were found to be in order (P2 & P -3). At this stage it is pertinent to notice that D.A.V. College, Pehowa, at the relevant time was an affiliated college and the service conditions of its employees were governed by the Haryana Affiliated College (Security of Service) Act, 1979 (for brevity, 'the Act'). Under Sections 3, 4, 5 and 6 of the Act, the State of Haryana - respondent No. 1 has been empowered to lay down various conditions of service in respect of employees of affiliated colleges including Lecturers such as minimum qualifications, method of recruitment, code of conduct and salary etc. Section 12 of the Act further empowers the Government to issue such directions to the Managing Committee of an affiliated college as may be necessary for proper enforcement of the provisions of the Act. Accordingly, instructions dated 23.12.1987 were issued postulating that no regular appointment was to be made after 15th December and in case the post was to be filled up, prior approval of the Directorate was required to be obtained (P -4).
(3.) THE petitioners could not be appointed although selected for want of approval concerning transfers of regular incumbents from;