A.P.SEN, S.NATARAJAN
U. P. Mahavidyalaya Tadarth Shikshak Niyamitikaran Abhiyan Samtti, Varanasi – Appellant
Versus
State Of U. P. – Respondent
ORDER :- Having heard learned counsel for the parties at quite some length, we are satisfied that no interference with the judgment of the High Court upholding the constitutional validity of S. 31B of the U.P. Higher Educational Services Commission Act, 1980 is called for. Two main contentions have been raised by Shri Kacker, learned counsel for the petitioners, who are all ad hoc teachers appointed after January 3, 1984, namely : (1) The adoption of the cut-off date in S. 31B of the Act as January 3, 1984 for purposes of regularisation of the services of ad hoc teachers appointed by the Management of the affiliated colleges was arbitrary and irrational and violative of Art. 14 of the Constitution, inasmuch as equals have been treated unequally. It is said that all teachers appointed by the Management of the affiliated colleges before the cut-off date January 3, 1984 and after that date were similarly situate, some of them being merit scholars and other having doctorates and were therefore eligible for appointment and S. 31B which makes discrimination against a class within a class offends against Art. 14 as there was no reasonable nexus with the object sought to be achieved. (2) T
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