PROF BANARSI TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri Shailendra, learned Counsel for the petitioner. Learned standing counsel appears for the State respondents and Sri B.D. Madhyan, Senior Advocate, along with Smt. Sunita Agarwal and Sri Satish Madhyan appear for Deen Dayal Upadhyay University, Gorakhpur. Notices were directed to be issued to respondent No. 4 - State backward Class Commission and respondent No. 5 Dr. Devendra Patel. Office report dated 12.3.2010 indicates that notices were sent to respondent Nos. 4 and 5, on 2.2.2010; neither acknowledgement nor undelivered cover was received back. The service upon these respondents, under Chapter VIII Rule 12 of the Rules of the Court will be deemed to be sufficient.

(2.) The petitioner is a Professor in the Department of Sanskrit, Deen Dayal Upadhyay University, Gorakhpur (hereinafter referred to as 'the University'). By this writ petition, he has challenged the order of the Executive Council of the University vide resolution dated 19.5.2009; the consequential order dated 24.05.2009, placing him under suspension; the decision of the U.P. State Backward Class Commission dated 23.12.2008, and the decision of the State Government dated 22.1.2009, implemented by the Executive Council of the University.

(3.) All the impugned actions have their origin in the appointment of honorarium teachers/part-time teachers in the Sanskrit Department of the University on stop gap arrangement. Where no regular appointment has been made, the University can make appointments, under the provisions of U.P. State Universities Act, 1973, on the recommendation of the Head of the Department. The Head of the Department can adopt any fair or reasonable procedure, as he may deem fit, to make recommendation for appointment of person qualified to be appointed as teachers on honorarium basis for a academic session to meet the requirement of the increased workload of teaching in the department.