MANJUVATI Vs. STATE OF U.P. AND OTHER

JUDGEMENT

(1.) Heard learned Counsel for petitioner and learned Standing Counsel. In this petition, counter-affidavit has been filed on behalf of respondents. Both the learned Counsel are agreed that this petition may be finally disposed of at this stage.

(2.) Petitioner has filed this petition challenging the action of respondents in not permitting her to serve on her post from 20-5-1991 us mentioned in the appointment order filed as Annexure-1 to the writ petition. Petitioner's case is that there were large number of vacancies in various Government Institutions which were filled under the Government order on ad hoc basis. However, in the appointment orders a condition was illegally attached that their appointment is for period upto 20-5-1991 or till a regularly selected candidate is made available for appointment on the post, whichever is earlier. Petitioner has filed Government Order dated 20-7-1986 as Annexure-II to the writ petition. This G. O. dated 20-7-1986 clearly contemplated that appointments on ad hoc basis became necessary as the U. P Public Service Commission and U. P. Subordinate Service Selection Board could not complete the selection process and could not recommend suitable candidates for appointment on the post. In this Order it has been specifically stated that appointments on ad hoc basis shall be continued until regularly selected candidates become available. Petitioner's grievance is that she is fully qualified for the post, and there is nothing against her work and conduct She is legally entitled to continue on her post, until a candidate is recommended for appointment. The action of respondents is illegal, arbitrary and violative of Art. 14 of the Constitution of India.

(3.) Learned Counsel along with counter-affidavit has filed another Government Order, dated 16-7-1989. A perusal of this G. O. shows that there were large number of vacancies in Government Colleges and schools and the teaching was badly affected for non-availability of teachers. The Government after considering this precarious situation permitted ad hoc appointments of teachers on certain conditions. The conditions are very relevant for correctly appreciating the controversy which is subject-matter of present writ petition and thus they are being quoted below :