Hon’ble B.A. Zaidi, J.—The petitioner, who is a lecturer in Botany in degree college at Pilibhit, of which the respondent No. 2 happens to be the Principal and the respondent No. 3 District Magistrate the Controller, was hired on contract basis for 3 years vide advertisement dated 3.6.2001 (Annexure-1 to the writ petition) who joined on 6.8.2001 vide appointment letter dated 6.8.2001 (Annexure-2 to the writ petition). After expiry of 3 yeans, he some-how continues in his job for a year more and continues to receive his salary.

2. Subsequently, after advertisement dated 21.6.2005 (Annexure-5 to the writ petition) another candidate, a lady Km. Ruchi Chandra, respondent No. 4 was selected for Lecturer in Botany (on same post) for a 3 years term and has been given appointment on 15.10.2005 (Annexure-10 to the writ petition).

3. The petitioner says that he is entitled to work as a Lecturer and receive his salary. His services cannot come to an end. The appointment of respondent No. 4 is illegal and she cannot be permitted to work on the post of Lecturer in Botany and with these prayers, he has come up before us by filing this writ petition.

4. We have heard Sri Indra Mani Tripathi,