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2002 Supreme(All) 579

M.KATJU, RAKESH TIWARI
ALOK KUMAR SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
A.P.Pandey, AWADHESH KUMAR SINGH, H.R.MISRA, Krishan Ji Khari, R.K.SINGH, R.P.Shukla

M. KATJU, J.

( 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-aff









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