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2013 Supreme(All) 532
ALLAHABAD HIGH COURT
S.P. Mehrotra, Zaki Ullah Khan, JJ.
Shailesh Kumar Singh -Appellant
Versus
State of U.P. through its Medical Department, Lucknow and others -Respondent
C.M.W.P. No. 1357 of 2002
Decided On : 14-02-2013
For the Petitioner: A.M. Pandey.
For the Respondents: C.S.C.
The main legal point established in the judgment is that a Guest Lecturer has no right to claim continuation as a Guest Lecturer or seek regular employment in a college after a merger if the college does not find the necessity of having a Guest Lecturer for the subject the petitioner had been teaching.
Headnote:
Appointment - Guest Lecturer - Uttar Pradesh Homeopathic Medical Colleges (Acquisition and Miscellaneous Provisions) Act, 1981 - [Act 1981, Section 4(1)(a), Section 4(1)(b)] - The court discussed the provisions of the Uttar Pradesh Homeopathic Medical Colleges (Acquisition and Miscellaneous Provisions) Act, 1981, particularly Section 4(1)(a) and Section 4(1)(b), which empowered the State Government to issue orders for the merger of homeopathic medical colleges. The court emphasized that the petitioner, appointed as a Guest Lecturer, had no right to claim continuation as a Guest Lecturer or seek regular employment in the college after the merger, as the college did not find the necessity of having a Guest Lecturer for the subject the petitioner had been teaching.
Fact of the Case:
The petitioner, appointed as a Guest Lecturer in a medical college, sought to quash an order rejecting his representation for joining another college after the merger of the former college with another.
Finding of the Court:
The court found that the petitioner, being a Guest Lecturer, had no right to claim continuation as a Guest Lecturer or seek regular employment in the college after the merger, as the college did not find the necessity of having a Guest Lecturer for the subject the petitioner had been teaching.
Issues: The main issue was whether the petitioner, appointed as a Guest Lecturer, had the right to claim continuation as a Guest Lecturer or seek regular employment in the college after the merger.
Ratio Decidendi: The court held that the petitioner, being a Guest Lecturer, had no right to claim continuation as a Guest Lecturer or seek regular employment in the college after the merger, as the college did not find the necessity of having a Guest Lecturer for the subject the petitioner had been teaching.
Final Decision: The writ petition filed by the petitioner lacked merits and was dismissed.
The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the Order dated 13.9.2001 passed by the respondent No. 4 (Annexure-13 to the writ petition).
2. It appears that the petitioner was appointed as Guest Lecturer in Pathology Department in Tilakdhari Homeopathic Medical College, Jaunpur.
3. It further appears that by the Government Order dated 1st May, 2000, the scheme of appointment as Guest Lecturers was suspended by the State Government, whereupon, the petitioner alongwith others filed a writ petition before this Court being Civil Misc. Writ Petition No. 24257 of 2000. This Court passed the following Interim Order dated 19.5.2000 in the said writ petition:
“Until further orders petitioner shall be allowed to continue functioning as adhoc Lecturer till regular selection is made on the post.”
4. Thereafter, it appears that the Government Order dated 17.2.2001 was issued by the State Government in exercise of powers conferred under the Uttar Pradesh Homeopathic Medical Colleges (Acquisition and Miscellaneous Provisions) Act, 1981.
5. As per the provisions of the said Government Order, the aforesaid Tilakdhari Homeopathic Medical College, Jaunpur was merged with Shri Lai Bahadur Shastri Medical College, Allahabad.
6. The petitioner was relieved from the erstwhile Tilakdhari Homeopathic Medical College, Jaunpur for joining in the aforesaid Shri Lal Bahadur Shastri Medical College, Allahabad. However, the respondent No. 4 did not allow the petitioner to join in the said College.
7. Thereupon, the petitioner alongwith others filed another writ petition before this Court being Civil Misc. Writ Petition No. 8507 of 2001. This Court by the Order dated 12.3.2001 disposed of the said writ petition, inter alia, permitting the petitioner to make a Representation to the authority concerned, and the authority concerned was directed to decide the same in accordance with law by a speaking order within the period mentioned in the said Order dated 12.3.2001.
8. Pursuant to the said Order dated 12.3.2001, the respondent No. 4 considered the Representation submitted by the petitioner and rejected the same by the Order dated 13.9.2001, inter alia, observing that no extra lecturer was required for teaching the subject which the petitioner had been teaching as Guest Lecturer, and as such, there was no justification or necessity to invite the petitioner as Guest Lecturer for teaching the said subject. Copy of the said Order dated 13.9.2001, as mentioned above, has been filed as Annexure-13 to the writ petition.
9. Thereafter, the petitioner has filed the present writ petition before this Court seeking the reliefs, as mentioned above.
10. Affidavits have been exchanged between the parties in the present writ petition, and the same is being disposed of at this stage with the consent of the learned Counsel for the parties.
11. We have heard Shri A.N. Pandey, learned Counsel for the petitioner and the learned Standing Counsel appearing for the respondent Nos. 1 to 4,
12. It is submitted by Shri A.N. Pandey, learned Counsel for the petitioner that the respondent No. 4 acted illegally in rejecting the Representation submitted by the petitioner. It is submitted that the petitioner ought to have been .permitted to join Shri Lal Bahadur Shastri Medical College, Allahabad after the merger of the erstwhile Tilakdhari Homeopathic Medical College, Jaunpur with Shri Lal Bahadur Shastri Medical College, Allahabad.
13. The learned Standing Counsel appearing for the respondent Nos. 1 to 4 submits that the petitioner was only Guest Lecturer and he was not entitled to claim any regular employment in Shri Lal Bahadur Shastri Medical College, Allahabad.
14. It is further submitted by the learned Standing Counsel appearing for the respondent Nos. 1 to 4 that the controversy involved in the present writ petition has already been decided by this Court in cases of certain other do
