VIRENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner has filed the present writ petition, challenging the order dated 4.6.2007 passed by the Director of Higher Education, U.P., rejecting the claim of the petitioner for payment of salary from State fund. Consequential order of the committee of management dated 18.6.2007 has also been challenged. The petitioner has further prayed for a direction commanding the respondents to pay salary/ remuneration to the petitioner from 6.8.2003 and continued to pay the same in terms of the Government Order dated 7.4.1998 from the State Government and also for a direction upon the respondents not to interfere in functioning of the petitioner as Lecturer ( Economics) in J.S.H. (P.G.) college, Amroha District Jyotibaphule Nagar.

(2.) The State of U.P. has issued a Government Order on 7.4.1998, whereby, non aided colleges run by the private management were permitted to engage teachers on payment of fixed honorarium, so long as regularly selected teachers by the Higher Education Service Commission are not made available. Clause 3 and 4 of the said Government Order, which is relevant for the present purposes are reproduced below:-

(3.) Pursuant to the aforesaid Government Order, an advertisement appears to have been issued by the college which is said to have been published in daily Hindi news paper Amar Ujala dated 19.6.2003, copy of which is enclosed as Annexure- 2 to the writ petition. It is undisputed that the petitioner applied pursuant to this advertisement. A supplementary affidavit has been field by the petitioner enclosing therewith a communication dated 23.8.2003, stated to have been sent by the Principal of the College to the Director of Higher Education, enclosing therewith the details of selection held in accordance with the Government Order dated 7.4.1998. A perusal of the enclosure, attached to this letter, shows that 3 persons were considered for the post and according to the recommendation of the selection committee, petitioner was placed at Sl. No. 3. One Km. Sharika Chaudhary was placed at Sl. No. 1 and Dr. Seema Malik was placed at Sl. No. 2.