BHANU PRAKASH SINGH Vs. CHANCELLOR AGRA UNIVERSITY

JUDGEMENT

(1.) THE matter here concerns the claim of the petitioner Bhanu Prakash Singh for regularisation of his services on the post of Lecturer in Physics in terms of section 31 (3) (c) of the U. P. State Universities Act, 1974 (hereinafter referred to as 'THE Act').

(2.) TO give the relevant factual background, the petitioner was appointed as Lecturer in Physics on August 1, 1988, The initial appointment of the petitioner was till June 30, 1990 but this was later extended to July 31, 1991 and then again to January 31, 1992.

(3.) IN dealing with this matter it would be pertinent to note that by virtue of the fact that he had passed the M. Phil examination in 1989 and had later done his Ph.D. in 1992, the petitioner was no longer required to pass any comprehensive test. IN other words, with effect from December 31, 1991 it was no longer necessary for the petitioner to have also passed the comprehensive test, which means that had he been appointed on January 1, 1992, he would have been fully qualified for the post. If so, it would indeed be anomalous to hold that a person possessing the same qualification as those of the petitioner but appointed on January 1, 1992, would be eligible for regularisation on the post of Lecturer but merely because the petitioner had been appointed earlier he has to be treated as in-eligible.