DR. GIRIDHAR PANDIT Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certtorari, quashing the impugned order dated 20.6.1992 (Copy Annexure -10 to the writ petition), passed by respondent No. 2, whereby respondent No. 2 has refused to regularize the services of the petitioner. Further, mandamus has been sought, commanding the respondents to regularize the services of the petitioner.

(2.) BRIEF facts of the case, as narrated in the writ petition, are that the petitioner was appointed as Lecturer in Political Science in Deo Prayag Maha Vidhyalaya, Deo Prayag, vide order dated 22.6.1983 (copy Annexure -1 to the writ petition), issued by the Manager of the College in pursuance to the resolution dated 20.6.1983, passed by the Management Committee. In pursuance to said order, the petitioner joined his duties in the college on 1.7.1983. The said college was a private institute. On 5.11.1984, the institute got published an advertisement, inviting applications for lecturers in Political Science in accordance with the provisions of U.P. Higher Education Service Commission and Selection Boards Act, 1980. The petitioner applied afresh in compliance of said advertisement and got selected. Consequently, an appointment letter dated 10.1.1985 (copy Annexure -4 to the writ petition) was issued in favour of the petitioner. Subsequently, approval was given to the appointment for a period 1.7.1989 to 30.6.1991 and again for the period ending 30.6.1992, by the Vice Chancellor of H.N.B. Garhwal University, which was communicated vide letter dated 20.8.1991 (copy Annexure -7 to writ petition) by the authorities concerned. It appears that meanwhile the name of the college changed and was renamed as 'Omkaranand Saraswati Mahavidyala', Deo Prayag. The college was recognized by the State Government with said name and style, vide order dated 1.7.1989, when it was affiliated to aforesaid university. According to the petitioner, his appointment was made on recommendation of duly constituted Selection Committee and he served for long period of 8 years since 10.1.1985. However, petitioner's services were terminated allegedly against the law. Infact, the State Government issued an ordinance (copy Annexure -9 to the writ petition) on 22.11.1991, wherein regularization of ad hoc teachers in Degree Colleges was provided and Selection Committee for said purpose was constituted to screen the ad hoc appointments. The respondent No. 2, vide impugned order dated 20.6.1992 (copy Annexure -10 to writ petition), informed that the claim for regularization of petitioner's services has been rejected on the ground that the Management Committee of the College has made appointment without issuing requisition for vacant post as required under Section 16 of the aforesaid Act of 1980. It is further mentioned in said letter that the petitioner did not fulfil also the essential qualifications, required as per the Statute of H.N.B. Garhwal University. Petitioner has challenged the said order on the ground that the refusal of regularization and termination of his services in consequence thereof is alleged to be arbitrary and illegal. The said writ petition was originally filed before the Allahabad High Court, wherefrom it has been received on transfer under Section 35 of U.P. Reorganization Act, 2000.

(3.) A separate counter -affidavit was filed on behalf of respondent No. 4, i.e., Committee of Management, by it's the then Manager Shri R.S. Rawat, on 11.7.1993 in which it has been alleged that the petitioner is a close relative of Mr. Prem Lal Vaidya, the then Manager of the college who held said office in the year 1983 -1984. It is further stated in this counter -affidavit that though the petitioner alleges himself to have been appointed on 22.6.1983 but the college itself came into existence only in July, 1984. To cover up the anomaly, it is alleged fresh appointment dated 10.1.1985 which has been claimed by the petitioner. It is also alleged in this counter -affidavit, by the Manager of the college that the petitioner with the help of Shri Vaidya, the then Manager, without following the provisions of U.P. Higher Education Service Commission and Selection Boards Act, 1980, got issued illegal appointment letter in his favour as lecturer in Political Science. It is also alleged in the counter -affidavit of Committee of Management that said appointment was never approved by the Committee of Management before. Till 30.6.1989, students used to appear in the examination as private candidates as the affiliation to college was granted only thereafter. It is further alleged in Para 8 of this counter -affidavit that petitioner taking advantage of the situation himself used to pose as Principal and Manager of the Institute and thereby succeeded in getting temporary approval from the Vice Chancellor. Challenging Annexure -8 to the writ petition, it has been stated that the Experience Certificate dated 30.6.1992, is a fabricated document. Apart from the above pleas, it is also stated in the counter -affidavit that neither the petitioner possesses the requisite qualification for appointment as Lecturer in degree college nor Selection Committee, constituted under U.P. Higher Education Service Commission and Selection Board Act, 1980 was noticed regarding the vacancy before making any ad hoc appointments. As such it is stated that impugned order (Annexure -10), was rightly passed by respondent No. 2.