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2013 Supreme(All) 536
ALLAHABAD HIGH COURT
Satya Poot Mehrotra, Zaki Ullah Khan, JJ.
Ashok Kumar Misra and others -Appellant
Versus
State of U.P. and others -Respondent
C.M.W.P. No. 43383 of 2001
Decided On : 14-02-2013
For the Petitioners: A.N. Pandey.
for the Respondents: C.S.C.
Appointment as Guest Lecturers confers no right to claim regular employment or continuation in the college.
Headnote:
Guest Lecturers - Employment Dispute - Uttar Pradesh Homeopathic Medical Colleges (Acquisition and Miscellaneous Provisions) Act, 1981 - [Act 1981, Section 4] - The court discussed the appointment of Guest Lecturers and their right to claim regular employment or continuation in the college under the Act. The court referred to previous decisions and held that the petitioners, appointed as Guest Lecturers, had no right to claim continuation as Guest Lecturers or seek regular employment in the college.
Fact of the Case:
The petitioners, appointed as Guest Lecturers in a medical college, sought to join another college after a merger. The respondent rejected their representation, stating no extra lecturer was required for the subjects they had been teaching.
Finding of the Court:
The court found that the petitioners had no right to claim continuation as Guest Lecturers or seek regular employment in the college after the merger.
Issues: The main issue was whether the petitioners had the right to claim regular employment or continuation as Guest Lecturers in the college after a merger.
Ratio Decidendi: The court held that the petitioners, appointed as Guest Lecturers, had no right to claim continuation as Guest Lecturers or seek regular employment in the college.
Final Decision: The writ petition filed by the petitioners lacked merits and was dismissed.
The present writ petition has been filed by the petitioners 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 petitioners were appointed as Guest Lecturers in various departments 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 petitioners 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 ad hoc 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, Jaunpnr was merged with Shri Lal Bahadur Shastri Medical College, Allahabad.
6. The petitioners were 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 petitioners to join in the said College.
7. Thereupon, the petitioners 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 petitioners 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 petitioners and rejected the same by the Order dated 13.9.2001, inter alia, observing that no extra lecturer was required for teaching the subjects which the petitioners had been teaching as Guest Lecturers, and as such, there was no justification or necessity to invite the petitioners as Guest Lecturers for teaching the said subjects. 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 petitioners have 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 petitioners 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 petitioners that the respondent No. 4 acted illegally in rejecting the Representation submitted by the petitioners. It is submitted that the petitioners 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 petitioners were only Guest Lecturers and they were 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 doctors, w
