Ad hoc lecturers appointed under a government order, who were not regularly selected candidates by the U. P. Higher Education Service Commission, had no right to continue working.

( 1 ) HEARD learned counsel for the parties.

( 2 ) WE have perused the writ petition, counter-affidavit and rejoinder-affidavits.

( 3 ) THE petitioners were appointed as ad hoc lecturers in pursuance of advertisement (copy of which is Annexure-1 to the petition ). They had applied vide Annexure-2 to the petition and thereafter given appointment on emoluments of Rs. 100 per lecture but not exceeding Rs. 5,000 per month. Petitioners continued as ad hoc Lecturers after getting approval from the Director of higher Education.

( 4 ) SUBSEQUENTLY the posts were advertised for making regular selection through the U. P. Higher education Service Commission. In paragraph 38 of the petition, it is stated that petitioners have completed about two years service. They have prayed that the impugned advertisement (copy of which is Annexure-1 to the petition) be quashed and respondents be restrained from making any selection on the basis of the said advertisement and petitioners should be allowed to continue to work.

( 5 ) STAY Vacation Application along with the counter-affidavit has been filed by Dr. Smt. Gayatri singh and Sri Anand Shanker Chaudhary. In paragraph 5 of the counter-affidavit of Dr. Smt. Gayatri Singh, it has been stated that the U. P. Higher Education--- Service, Commission, allahabad vide letter dated 28. 11. 2000 recommended the name of candidates selected by the commission to the Director of Higher Education, and on that basis, the name of Dr. Smt. Gayatri singh was recommended vide letter dated 19. 1. 2001 by the Director of Higher Education to secretary/ Manager/ Authorised Controller of Swami Sahjanand Mahavidyalaya Pir Nagar, ghazipur for appointment as Lecturer in Geography.

( 6 ) SIMILAR, in the stay vacation application filed by Anand Shanker Chaudhary, it is stated that the deponent has been selected as Lecturer in Ancient History by the Commission and his name was recommended to be appointed as Lecturer, and accordingly the Director of Higher education vide letter dated 22. 11. 2001 directed the Manager T. D. College, Jaunpur to appoint the deponent as Lecturer in Ancient History vide Annexure No. 1 to the affidavit.

( 7 ) THE Joint Director of Higher Education has also filed a counter-affidavit on behalf of the State government, Allahabad and we have perused the same. In paragraph 5 (a) of the same, it is stated that selections, were made in accordance with the relevant rules. In paragraph 5 (h) of the same. It is stated that in view of unavailability of adequate number of duly selected Lecturers, the State Government evolved a Scheme vide Government Order dated 7. 4. 1998 to ensure that teaching should not be adversely affected. Its basic aim was to engage candidates for a very short span of time on the basis of payment of honorarium. Engagement under the Scheme of the government Order dated 7. 4. 1998 is wholly contractual and the candidates engaged are to perform teaching work on per hour basis, i. e. , Rs. 100 per period or maximum honorarium of Rs. 5,000 per month. If the management is availing the service of the candidates beyond the ambit or terms and conditions of the Government order dated 7. 4. 1998, the liability in this regard lies wholly on the College Management and the State Government has no concern with it. The candidates engaged under the Government order dated 7. 4. 1998 are not subject to any disciplinary action and they are also not called to discharge duties or perform functions and shoulder responsibilities as required from the full time regular teachers. They are free to come or not to come to the college and do any other business or profession.

( 8 ) THE Government order dated 7. 4. 1998, only provides a summary process of selection on local arrangement and the advertisement was localised. In view of the transitory nature of such engagement, highly qualified persons generally refrain from such job. Such candidates cannot be equated with full time regular teachers appointed by