VIBHA JAIN Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner happens to be Lecturer in English in Kunwar R.C. Mahila Mahavidyalaya, Mainpuri, appointed on honorarium. It is contended by learned counsel for the petitioner that, pursuant to the Government Order dated 7.4.1998, the petitioner was appointed on honorarium basis on 15.12.2006 for the session 2006-2007. This appointment was approved by the Director, Higher Education, Allahabad and the petitioner was also paid salary for that session. However, for the session 2007-2008, the vacancy was again advertised and the petitioner was again appointed on the honorarium basis. The committee of management on 10.9.2007 has sent a letter to the Director of Higher Education for approval to the appointment of the petitioner. But, even after several reminders, no order has been passed by the Director, Higher Education. Hence, this writ petition has been filed with the prayer seeking issuance of writ of mandamus directing respondent No. 2 to grant approval to the appointment of the petitioner and permit the petitioner to continue in the aforesaid institution as Lecturer in English till the regularly selected candidate is made available by the U.P. Higher Education Service Commission on the post in question.

(2.) On 14.5.2010 this Court had granted time to the learned Standing Counsel either to seek instructions, or to file a counter-affidavit by the next date fixed and the case was ordered to be listed on 27th May, 2010. It is thereafter, the learned Standing Counsel has filed counter-affidavit in December, 2010, in which, stand has been taken that the Government has imposed a ban vide order dated 12.12.2006 on all the appointments, including the appointment of teachers on honorarium basis in non-aided institutions, and since the petitioner's appointment was made during the ban, therefore, approval cannot be granted to the appointment of the petitioner by the Director, Higher Education.

(3.) The Government Order dated 12.12.2006 imposing ban on appointments has been brought on record as Annexure 'C.A. 1' to the counter-affidavit Relevant portion of the same reads as under: