SHAMBHOO NATH UPADHYAYA Vs. VICE CHANCELLOR, KASHI VIDYAPITH

JUDGEMENT

(1.) ON 31st July 1983 the petitioner was appointed as temporary Lecturer for teaching evening classes which were being run by the Kashi Vidyapeeth, Varanasi on a consolidated salary of Rs. 1000/ - per month. It is not disputed that the aforesaid appointment had been made in pursuance of an advertisement which had called for applications for appointing Lecturers for the day classes as well as for the evening classes. A Selection Committee had interviewed the candidates,. The petitioner was not selected for the post of Lecturer for the day classes. He along with two other persons was, however, selected for the evening classes by the Selection Committee. On 4 -12 -1985 the petitioner was appointed a Lecturer for a period of six months or till regular appointment was made in exercise of the powers under Section 16(6)(8) of the U.P. State Universities Act, 1973 (hereinafter described as the "Act"). The aforesaid appointment was repeated by appointment letters dated 12 -1 -1986, 13 -7 -1986 and 28 -2 -1987 which are contained in Annexures '3", "4" and "5" to the writ petition. All these appointments were made in exercise of the emergency powers under Section 13(6)(8) of the Act.

(2.) THE petitioner in this writ petition has sought for a writ of mandamus commanding the respondents to absorb the petitioner on the permanent post of Lecturer Social Work, Kashi Vidyapeeth, Varanasi. It has been urged that in view of the provisions of Section 31(3)(b) of the Act, the petitioner should be deemed to have been absorbed permanently on the post of Lecturer Social Work, Kashi Vidyapeeth, Varanasi.

(3.) THE sole question which arises for determination in this case is as to whether on the facts of this case the petitioner is entitled to the benefit of Section 31(3)(b) of the Act. From the undisputed facts it is clear that the petitioner had been recommended by the Selection Committee for being appointed in the evening classes on a consolidated salary of Rs. 1,000/. He was not recommended for being appointed as a Lecturer for the day classes. The petitioner had thus been appointed on the recommendation of the Selection Committee only to the evening classes. So far as the appointment of the petitioner as Lecturer to the day classes is concerned that has been done in exercise of emergency powers of the Vice Chancellor under Section 13(6)(8) of the Act. The relevant provisions of Section 13 which require consideration for adjudication of the question raised in this petition runs as follows: