By the Court.—Heard learned counsels for the parties.

2. These 3 petitions have been filed by persons who had been working as Guest Faculty in various departments of the University of Allahabad. The basic relief in all these petitions is that the petitioners may be continuanced as Guest Faculty the University may not insist on fresh selection every year and further to consider the regularization of the petitioners, as their appointment as Guest Faculty is against substantive posts. The petitioners seek quashing of the advertisement published by the University for regular appointment. Some of the petitioners in these 3 petitions are common. We have clubbed these petitions and the same are being decided by this common judgment.

3. We shall first deal with writ petition No. 64494 of 2008 which is first in point of time.

4. By means of this writ petition, the petitioners have prayed, for quashing of the order of the Vice-Chancellor dated 3.12.2008 and for a mandamus directing the University respondents to comply with the provisions of Ordinance No. 44 and to permit the petitioners to continue as Guest Faculty Lecturers without facing any fresh interview/selection at least for a period of three years and they may be paid salary accordingly.

5. Dr. Umakant and four others had filed writ petition No. 47493 of 2008 against the University for reengaging them as Guest Faculty Lecturers in the academic session 2008-09 also and for restraining the University from making any fresh selection for like nature of appointment. The High Court disposed of the writ petition requiring the Vice-Chancellor to examine the grievance of the petitioners as per the representation made by them.

6. The Vice-Chancellor under the order impugned dated 3.12.2008 rejected their representations. It has been held that the University is bound to engage Guest Faculty Lecturers strictly as per the provisions of the Ordinance of the University of Allahabad which is now a Central University ref: Parliamentary Act No. 26 of 2005. The petitioners were asked to submit their applications in response to the process of fresh selection initiated and if they had already submitted their application, they would be called for interview alongwith other candidates provided they fulfill the conditions mentioned.

7. The petitioners claim that some of them have been working as Guest Lecturer in the respective departments since prior to the University being declared a Central University on 14.7.2005. After it was declared a Central University selections for appointment as Guest Faculty Lecturer was made on 13.9.2006 in which all the petitioners applied and were selected by a Selection Committee. Ref. Pr.12 of the writ petition.

8. Again for the year 2007-08, on 22.9.2007 petitioners appeared before the Selection Committee and were selected as Guest Lecturer. (ref: Pr. 13 of the writ petition). It is stated that in view of Ordinance No. 44 of the University of Allahabad as notified on 9.2.2006 the term of Guest Lecturer is provided as the terminal date for instruction for the course of study in any academic year but the proviso permits re-engagement for the subsequent year without recourse to procedure for selection subject to maximum 3 consecutive academic years. In view of Ordinance No. 44 petitioners claim a right to continue for 3 academic years without fresh selection.

9. The order of the Vice-Chancellor is stated to be bad for non-consideration of the Ordinance No. 44.

10. Sri V.K. Singh, Senior Counsel for the University points out that Ordinance No. 44 has since been amended/deleted under the resolution of the Executive Council dated 20.1.2009 which amendment is not under challenge.

11. We may record that the unamended Ordinance No. 44 of the Central University provides that Guest Faculty Lecturer shall not continue after the terminal date of the academic year but if the Academic Unit, so desires, it may continue the Guest Faculty Lecturer earlier selected in the next co