1. - The prayer of the petitioner in the instant writ petition is as under :

(i) To quash and set aside para 3(III) of the terms of service and the order dated September 23, 2002 and direct the respondents to reinstate the petitioner on the post of Under Secretary with all consequential benefits.

(ii) To modify the appointment order dated April 11, 2002 and allow the petitioner to continue on the post of Under Secretary on the terms and conditions on which the appointment has been offered to similarly situated person Shri G.C. Rout.

2. As per the averments made in the writ petition the petitioner came to be initially appointed as Lecturer in Electronics Engineering Department in Bapu Saheb Shivaji Rao Deore College of Engineering Dhule, Maharashtra on February 7, 1992. The petitioner submitted application pursuant to advertisement published by All India Council for Technical Educational (A.I.C.T.E.) for the post of Assistant Director to be filled on deputation/contract basis. The petitioner was appointed as Assistant Director in A.I.C.T.E. vide order dated Feb.6, 2001. No objection certificate was granted from the College of Engineering Dhule and the petitioner was relieved on February 22, 2001. Lien of the petitioner was kept for one year and the petitioner joined as Assistant Director A.I.C.T.E. on Feb.27, 2001. While the petitioner was working as Assistant Director A.I.C.T.E., an advertisement was published by the National Council of Teacher Education, New Delhi for the post of Under Secretary. Pursuant to which the petitioner submitted application and the petitioner was adjudged suitable and appointed as Under Secretary in N.C.T.E. vide order dated April 11, 2002 in the pay scale of 10,000-15,200. The petitioner further averred that two candidates were selected as Under Secretary by the committee constituted to hold the selections. The petitioner was selected for Northern Regional Committee and one Shri G.C. Rout was selected under Secretary for N.C.T.E. headquarter New Delhi. The petitioner was at No.1 whereas Shri G.C. Rout was at No.2 in the panel, but the respondents adopted two different yardsticks. The petitioner was appointed on contract for a period of one year whereas Shri G.C. Rout was appointed for a period of three years. The petitioner joined at Northern Regional Committee, N.C.T.E. Jaipur on April 22, 2002. The petitioner made an attempt to seek appointment on the post of Assistant Director A.I.C.T.E. and requested the respondent N.C.T.E. to forward the application but the N.C.T.E., instead of forwarding it, informed the petitioner after expiry of date of submitting application, to apply directly and then prevented the petitioner from seeking the appointment on the post of assistant Director A.I.C.T.E. On the contrary the services of the petitioner were terminated vide order dated September 23, 2002. Contention of the petitioner in the instant writ petition is that the impugned order of termination is against the principles of nature justice and the petitioner was discriminated by the N.C.T.E. in making appointment only for one year.

3. The respondents filed return to the writ petitions and averred that the petitioner was appointed on the post of Under Secretary on short term contract in pursuance to the notice inviting application. After the process of selection order of appointment was issued and in the said appointment order it was in unmistakable words stated that the appointment was purely temporary and liable to be terminated without assigning any reason and notice. Along with the appointment order a proforma contract was also sent to the petitioner. The petitioner challenged the condition No.3 of the terms of contract of appointment. Maintainability of writ petition was also questioned on the ground that direction for cancelling the contract agreement and enforcing the contract to continue the petitioner in service cannot be sought. As per the condition of appointment, it was not necessary for the