JUDGMENT

M. Jagannadha Rao, J.-This Civil Appeal has been preferred by the Patna University and the Vice-Chancellor of the said University against the judgment of the Patna High Court dated 24.4.1992 in CWJC No. 6824 of 1991 allowing Writ Petition filed by the respondent and directing implementation of two orders of the Chancellor of the University. The first order dated 18.9.1990 of the Chancellor directed the Patna University to regularise the services of the respondent Writ Petitioner "on compassionate grounds" while the second dated 22.6.1991 directed implementation of the direction contained in the earlier letter of the Chancellor dated 18.9.1990.

2. The facts of the case are as follows:

The respondent holds a degree of B.Sc. (Home Science) with specialisation in Foods and Nutrition from the University of Udaipur and also an M.A. in Sociology from Patna University. (Later she also obtained a Ph. D from the same University). In 1981, Patna Women s College opened the Department of Home Science. Initially, the respondent was working in Siddharth Mahila College. As per the statutes of the University in force at that time, the qualification for appointment as Lecturer was P.G. degree in Home Science or in an "allied subject". Respondent resigned her job and applied to the Patna Women s College as she had a P.G. degree in an "allied subject", viz. Sociology. The respondent was appointed on 1.10.1982 on an ad-hoc" basis to take up the P.G. Home Science Classes and the Principal by letter No. 5/1983 dated 13.1.1983 requested the Vice-Chancellor to permit the respondent to "engage" P.G. classes on an adhoc basis and be paid per lecture. The Vice-Chancellor, by letter No. 47 dated 25.1.1983 gave approval and on that basis, the Education Department of the Govt. of Bihar wrote to the Patna University on 24.2.1983 that Governor has accorded sanction for two posts of lecturers on adhoc and purely temporary basis and for paying an honorarium of Rs. 25/- per lecture subject to a maximum of Rs.1250/- p.m. The letter also stated :

"Please take necessary steps for regular appointment against these posts immediately because the aforesaid arrangement has been approved only on purely temporary basis.

3. On 26.2.1983, the University informed the Principal of the Patna Women s College that the respondent was "allowed for engaging P.G. classes" on Rs. 25/- per lecture subject to a maximum of Rs. 1250/-. It was also stated :

"This is purely on ad hoc arrangement till a regular appointment is made in accordance with the provisions of law."

4. It is not in dispute that thereafter, statutes passed by the University in 1983 (see para 9 of the Counter filed in the High Court) prescribed post-graduate qualification in Home Science (at least II class) as the requisite qualification for appointment as lecturer in Home Science. Unfortunately, the respondent did not possess a post-graduate degree in Home Science. Possession of the Post Graduate degree in Sociology, as an allied subject did not suffice.

5. It appears that the respondent represented for regularisation and her case was referred to the Chancellor through the letter dated 10.12.1986 of the Registrar, Patna University. But the Chancellor stated he would "not interfere" in the matter. This was conveyed by the Governor to the Registrar by letter PU-53/96 dated 20.12.1996 with copy to the respondent.

6. Meanwhile, the respondent filed CWJC 5664/1986 and the same was disposed of on 28.2.1987 by a Division Bench of the High Court stating that the respondent could avail of alternative remedies available to her.

7. After the communication of the rejection of the representation of the respondent by the Chancellor as communicated by the Govt. through letter dated 20.12.1986, the respondent filed a fresh Writ Petition CWJC 758/1987 for regularisation and the same was dismissed on 2/10.3.1987 by a Division Bench, stating as follows:

"Heard, learned counsel for the writ petitioner as well as the learned Advocate