IMPORTANT POINT
Appellant s initial ad-hoc appointment as lecturer in Agronomy was not in accordance with the provisions of U.P. Higher Education Services Commission Act, 1980 and as such it did not confer any right of regularisation under the Regularisation Ordinance, 1985.

JUDGMENT

Pattanaik, J.-The appellant in these three appeals had been appointed as a lecturer in the subject of Agronomy while he was continuing as a final year student in M.Sc. (Agriculture) by the Management of Shri Durgaji Post Graduate College, Chandeshwar, which was an un-aided institute at the relevant point of time. His case in brief is that on July 31, 1982, the Deputy Secretary to Government of Uttar Pradesh intimated the Registrar, University of Gorakhpur that Shri Durgaji Post Graduate College, Chandeshwar, Azamgarh (hereinafter referred to as the College ) has been granted sanction for M.Sc. (Agronomy) in Faculty of Science with certain conditions mentioned therein. A copy of the said letter was also forwarded to the Manager of the College intimating that it may be kept in view that in the absence of financial resources, creation of necessary post for the purpose of payment of salary by the Director of Education (HE) would not be feasible upto one year after start of the subject and therefore, payment of the salary will have to be approved for that time by the Management itself. On receipt of the aforesaid sanction order from the State Government, the College issued an advertisement for the post of lecturer in Agronomy, on 15.12.1983. It was stipulated in the advertisement that the Management has the power to grant any relaxation in the educational qualifications. Pursuant to the aforesaid advertisement the appellant submitted an application on 20th December, 1983. In the application in question, the appellant had intimated that he has been a Gold Medalist from the Gorakhpur University in B.Sc. (Agriculture) and he had secured 76.6 marks in the first year M.Sc. (Agriculture) from the Kanpur Agriculture University and was continuing his second year M.Sc. (Agriculture). It was also stated that if he is appointed, he will complete his remaining part of final year examination. The Management of the College informed the appellant by letter dated 1.1.1984 that he has been appointed as a lecturer in the Post Graduate Agronomy Department and he should join the College. On receipt of the said letter the appellant joined the institution immediately and continued as a lecturer. While so continuing he passed the final year M.Sc. examination on 18.1.1985. It is the further case of the appellant that the Manager of the College requested the Secretary Higher Education Services Commission that a person may be selected for the post of lecturer, Agronomy by letter dated 21.5.1985.

2. As the Service Commission did not send any name, notwithstanding the Management s letter dated 21.5.1985, the College issued a fresh advertisement on 12.8.1985 for filling up the post of lecturer in Agronomy on ad hoc basis. On 17.8.1985 the Manager of the College requested the Vice-Chancellor for appointment of a subject expert in respect of the post of ad hoc lecturer in Agronomy. The appellant was also a candidate in pursuance of the said advertisement. The Registrar of Gorakhpur University informed the Manager of the College by letter dated 19.9.1985, that the Vice-Chancellor has nominated Professor N.M. Mishra as an expert for making selection to the post of lecturer in Agronomy. The Selection Committee unanimously selected the appellant for the post of lecturer and the Manager of the College wrote to the Registrar of the University by his letter dated 23.9.1985 informing that the appellant has been unanimously selected and the appointment may be approved. The Registrar of the University intimated the approval of the appointment of the appellant as an ad hoc teacher in Agronomy for a period of six months from the date the appellant has been holding the post after his selection. The aforesaid fact of approval of the appellant s appointment on ad hoc basis was intimated to the appellant by the Manager of the College by letter dated 1.10.1985. The appellant s case, however, is that he has been continuing as a lecturer since his original appointment on