Hon’ble Devi Prasad Singh, J.—Instant writ petition under Article 226 of the Constitution of India, has been preferred against the impugned order dated 6.2.2012, passed by the Vice-Chancellor, Dr. Ram Manohar Lohia Avadh University, Faizabad whereby, ad hoc services of the petitioner in the Department of Commerce, has been modified with direction to engage the petitioner under self-financing scheme.

2. Kamta Prasad Sunder Lal Post Graduate College, Ayodhya Faizabad (in short the College), is an affiliated college to Dr. Ram Manohar Lohia Avadh University, Faizabad (in short the University), is receiving grant-in-aid from the State Government, governed by the U.P. State Universities Act, 1973 and the First Statute, 1978 of the University. The college was granted temporary recognition to run the degree classes of commerce subject from 1.7.1989. In consequence thereof, four posts of Lecturers were created on 1.11.1990. It appears that on 14.2.1991, to meet out the requirement, the Committee of Management of the College, appointed three persons as Lecturers on ad hoc basis without holding a selection through an advertisement and thereafter, on 30.5.1991, sent request to the U.P. Higher Education Service Commission for holding selection for four posts of Lecturers in Commerce.

The Committee of Management, sent the proposal for regularisation of two ad hoc Lecturers instead of three (supra) but the Director, Higher Education, vide his letter dated 23.6.1992, cancelled the ad hoc appointment being violative of Section 31 (c) of U.P. State Universities Act, 1973.

3. Under the aforesaid backdrop, an advertisement was published by the Committee of Management on 24.8.1991 inviting applications for the post of four Lecturers in Commerce on ad hoc basis. In response to it, the petitioner applied but he was not considered on the ground that ban was imposed by the State Government. Instead, three Lecturers selected on 14.2.1991, were permitted to continue in service.

4. Against the order dated 23.6.1992, passed by the Director Higher Education (supra), Writ Petition No. 4095 (S/S) of 1995 was filed by two ad hoc Lecturers in which by an interim order, this Court permitted them to continue in service.

5. On 1.12.1995, permanent recognition was granted to the College from the Session 1995-96 to run the Commerce Department. To meet out the exigency of service, the petitioner was appointed as part time Lecturer (Commerce) with effect from 1.1.1995.

By the advertisement dated 15.9.1996, the College invited applications for appointment on the post of part time Lecturers in Commerce subject to payment of honorarium of Rs. 1100/- per month. In response to it, the petitioner also applied being qualified for the post possessing degree of M. Com and Ph.D. The selection was held and the petitioner was appointed as part time Lecturer of Commerce and resumed duty on 1.11.1996. Alongwith the petitioner, one other person Sri Prem Narain Rastogi was selected and appointed though, he did not possess Ph. D. degree. On 20.7.1995, the College sent proposal for creation of 9 posts of Lecturer for the subject of Commerce. Petitioner’s appointment and post was not sanctioned/approved. He was also not paid regular salary. Hence the petitioner filed Writ Petition No. 82 (S/B) of 2002 claiming regular pay scale with the further prayer for regularisation on the post of Lecturer in Commerce. Feeling aggrieved, the petitioner was restrained to perform duties by the Committee of Management. In consequence thereof, the petitioner moved an application for interim relief. This Court by an interim order dated 19.3.2002, directed the respondents to allow the petitioner to work on same terms and conditions under which he was working. Since the petitioner was not permitted to resume duty by the Committee of Management, this Court by an interim order dated 20.12.2005, passed in Writ Petition No. 82 (S/B) of 2002, directed the petitioner to appear before the Registrar of t