AJAY YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Dr. Bheem Rao Ambedkar University, Agra is a University established under the U.P. State Universities Act, 1973 (herein after referred to as the Agra University). Two types of courses are offered by the University, (a) regular courses for which faculty members are appointed against posts which have been created by the State Government covered by Section 60 E of the State Universities Act (herein after referred to as substantive posts), (b) the University also run certain courses under Self Financed Scheme for which appointment of faculty members has been provided for under Statute 11.17 of the First Statute of the Agra University.

(2.) These teachers are appointed on contract basis on year to year basis. These writ petitions pertain to the faculty members appointed in respect of self-finance courses only. Therefore, provisions applicable to the faculty members to be appointed under self-financing scheme alone are being referred to.

(3.) Writ petition no. 20250 of 2012 (Ajay Yadav and others Vs. State of U.P. and others) has been filed by 19 petitioners, all of whom claim to have been appointed on contract basis for imparting education in respect of self-finance course run by the Agra University. Petitioners claim to have been appointed with reference to Advertisements which were published in the year 1999, dated 21.02.2000, dated 15.08.2001, dated 11.07.2002, dated 11.07.2004 and dated 10.01.2008. It is the case of the petitioners that their term of appointment is renewable on year to year basis. In the year 2009 an extension of their term of appointment was granted by the University for a period of three years in one stretch. The University, however, published Advertisement No. 01/RW-12 for making contractual appointment on the post of faculty member to impart education in respect of self-finance courses. Since the claim of the petitioners for renewal of their contract was not considered and the University had proceed to hold direct recruitment, petitioners filed the aforesaid petitions.