ARCHANA MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri P.S. Baghel, Senior Advocate assisted by Shri Gautam Baghel and Shri Rajiv Mishra for the Petitioners. Shri S.G. Hasnain, Additional Advocate General assisted by Shri Pankaj Saxena, Standing Counsel appears for the State Respondents. Shri H.N. Singh appears for UP Higher Education Service Commission. Shri B.D. Mandhyan, Senior Advocate assisted by Shri Satish Mandhyan; Shri Ashok Khare, Senior Advocate assisted by Shri V.K. Singh and Shri Shailendra have appeared for the newly impleaded private Respondents.

(2.) All the Petitioners are serving as honorary Lecturers in the aided Degree Colleges in the State of Uttar Pradesh affiliated to the respective Universities under the U.P. State Universities Act, 1973. They were appointed under a Scheme provided in the Government Order dated 7.4.1998, by the Committees of Management of the respective Colleges after advertisement and selection by the Selection Committees for one academic session at a time, until joining of the regularly selected candidates, whichever is earlier. Most of these teachers working on honorarium have obtained interim orders from this Court to continue till the joining of the regularly selected candidates. In, Anurag Tripathi and Ors. v. State of UP and Ors. Writ Petition No. 5210 of 2007 with which 167 other Writ Petitions were clubbed, it was held by final judgment dated 4.4.2008 that the Petitioners will continue to work as honorarium teachers as per provisions of the Government Order dated 7.4.1998 till regularly selected candidates join. It was made categorically clear that these teachers are not entitled to absorption/regularisation. The Court also directed the Director of Higher Education to fill up all the vacancies on the post of Lecturers by regularly selected candidates.

(3.) In Special Leave Petition (Civil) No. 884 of 2004 along with six Special Leave Petitions filed by the teachers serving on honorarium under the Government Order dated 7.4.1998 against the judgment of this Court in Malvika Shekhar v. Director, Higher Education, U.P. and Ors. Writ Petition No. 44332 of 2003 dated 29.9.2003, the Supreme Court, by its order dated 28.4.2008, issued directions to the High Court to take decision afresh, and until then status quo be maintained. The Writ Petition No. 44332 of 2003 was filed by Malvika Shekhar with a prayer to allow her candidature till regularly selected candidate joins. The writ petition is still pending.