LAWS(CHH)-2007-5-18

R.K. SHARMA Vs. STATE OF C.G

Decided On May 15, 2007
DR. R.K. SHARMA Appellant
V/S
STATE OF C.G. Respondents

JUDGEMENT

(1.) THE Petitioner has filed this petition under Article 226/227 of the Constitution of India, challenging the order dated 27-7-2006 (Annexure P/1), whereby the engagement of the Petitioner, as Yoga Instructor, was put to an end with effect from 28-6-2006, on the ground that the prescribed period/grant by UGC has come to an end.

(2.) THE brief facts, in nutshell, are that the University Grants Commission (for short, "UGC"), New Delhi introduced a scheme (Annexure P/2) for promotion of Yoga Education and Practice and Positive Health in Universities (for short, "the Scheme"). For launching the Scheme, it is provided in Clause 4 of the scheme that the UGC will provide grants to the selected Universities up to the end of X Plan period only i.e. 31-3-2007. THEreafter, the Scheme is required to be taken over by the concerned Universities under its maintenance budget. Pursuant to the scheme, the Registrar of the Respondent No. 2/University sent a proposal to the UGC for establishment of Yoga Centre at Bilaspur, and prayed for release of initial financial assistance.

(3.) THE University vide advertisement (Annexure P/6) invited applications from the eligible candidates for the post of Yoga Instructor with fixed honorarium Rs. 6,500/- per month, mentioning that the post is purely temporary under UGC Scheme. THE Petitioner was appointed vide order dated 21-6-2001 (Annexure P/8). initially for a period of one year or till the permission is granted by the UGC. THE Petitioner joined his duties on 29-6-2001.