G VIDYASAGAR Vs. DIRECTOR OF HIGHER EDUCATION

JUDGEMENT

(1.) This application is for review of the judgment of Seetharam Reddy, J., in W.P. No. 8370 of 1987 dated 28.11.1989. As the learned Judge laid down the office, this review petition was directed to be listed for hearing before me by the Honourable the Chief Justice.

(2.) The petitioner herein obtained first class in M.A. and also the degree of M. Phil. in Public Administration. In 1980 he was temporarily appointed as a lecturer in the 2nd respondent-College. It appears, one of the permanent lecturers working in the college went on long leave of five years. In respect of that post, an advertisement was issued by the 2nd respondent-College on 30.3.1984 inviting applications from qualified candidates to fill the post. Seventeen persons including the petitioner therein applied. A duly constituted committee, in accordance with the provisions of G.O.Ms. No. 905 dated 21.9.1976 interviewed all the candidates and selected the petitioner. The appointment order issued in favour of the petitioner mentions that the appointment was for a specific period from 17.7.1984 to 22.8.1985. It is also not in doubt that the holder of the lien, in respect of which the petitioner was appointed subsequently, resigned from the post. As the petitioner's services were not regularised, he filed W.P. No. 3838/86, which was allowed by K. Ramaswamy, J., (as he then was) with a direction to the respondents that an opportunity should be given to the petitioner to place all the relevant material in order to enable the authorities to pass appropriate orders regarding regularisation of his services. In compliance with the direction, an order was passed by the Director of Higher Education on 19.5.1987 in Rc. No. 2806/K3-3/85 rejecting the claims of the petitioner on the following grounds :

(3.) Challenging the legality of that order, the petitioner once again filed W.P. No. 8370.87. That writ petition was dismissed by Seetharam Reddy, J., after adverting to the contents of the proceedings issued by the Director of Higher Education on 19.5.1987. While dismissing the writ petition, the learned Judge observed :