By the Court.—This bunch of nearly 169 petitions, is in respect of appointment of part-time teachers, in various Degree Colleges of the State of Uttar Pradesh affiliated to Universities covered by the U.P. State Universities Act, 1973 (hereinafter referred to as the Act, 1973), in terms of the Government Order dated 7.4.1998, on honorarium @ Rs. 100/- to be paid on per lecture basis subject to the maximum of Rs. 5000/- per month (now enhanced to Rs. 8,000/-), against duly created posts of Lecturers, as well as absorption of such part-time teachers against substantive vacancies of Lecturers in terms of Section 31-E of the U.P. Higher Education Services Commission Act, 1980 (hereinafter called the Commission’s Act) added vide 3rd Amendment Act No. 42 of 2006. While a set of prospective applicants question the process of absorption as per Section 31-E of the Commission’s Act itself. The aforesaid writ petitions may be categorized into four groups :

(a) Writ petitions filed by part-time teachers appointed under Government Order dated 07.04.1998 subject to the maximum of Rs. 5000/- per month (now enhanced to Rs. 8000/-) seeking salary at par with the regularly appointed Lecturers with a further relief for a writ of mandamus commanding the College as well as Directorate of Higher Education to not to interfere in the working of such part-time teachers till regularly selected teachers recommended by the Commission joins.

(b) Writ petitions filed by the part-time teachers with the prayer that they be absorbed against substantive vacant post of Lecturers in affiliated Degree Colleges in terms of Section 31-E of the Commission’s Act.

(c) Writ Petition No. 1722 of 2007, Writ Petition No. 31429 of 2007 as well as Writ Petition No. 10858 of 2008 have been filed by part-time teachers who have already obtained an order from this Court in an earlier writ petition for their continuance till regularly selected candidates from the Commission join. They now seek the relief of payment of salary at par with the regularly selected Lecturers,

(d) Writ Petition No. 5210 of 2007 (Anurag Tripathi and others v. State of U.P. and others, challenges the vires of Section 31-E of the U.P. Higher Education Services Commission Act, 1980 as added by U.P. Act No. 42 of 2006 which provides absorption of part-time teachers against substantive vacancies on the post of Lecturers.

2. Before adverting to the facts relevant for decision of the aforesaid writ petitions, it would be worthwhile to reproduce the legislative history qua the mode and manner of appointment of Lecturers in Aided Degree Colleges affiliated to various State Universities covered by the Act, 1973.

3. Prior to the enforcement of Act, 1973 Universities in the State of Uttar Pradesh had been established under different State Acts namely Lucknow University Act, 1920, Allahabad University Act, 1921, Agra University Act, 1926, Gorakhpur University Act, 1956, Varshney Vishwavidyalaya Act, 1956, Kanpur and Meerut Universities Act, 1965. The Parliament with a view to tone the higher education in the State of Uttar Pradesh enacted the Act, 1973 which also inter alia provided for the appointment of teachers in the Universities/Affiliated Degree Colleges. Section 31 of the Act, 1973 provided for appointment of teaching faculty of the University as well as of teachers of the affiliated colleges other than Government colleges, to be made only on the recommendation of the Selection Committee as provided for under sub-section 2 thereof.

4. Section 31 itself provided for constitution of different Selection Committees for different categories of posts, which were broadly classified as that of Professor, Reader and Lecturer for the University faculty. In respect of affiliated and associated Degree Colleges (other than Government Colleges) the teaching posts were broadly classified as that of Director/Principal and Teacher (Lecturer) for whom different Selection Committees were provided. Under the aforesaid provisio