Hon’ble Ashwani Kumar Mishra, J.—Petitioners are Professors and Associate Professors (8 in number) in G.S.V. Medical College, Kanpur, who are aggrieved by the orders of the State Government dated 7.3.2003, regularizing their ad hoc appointment as Assistant Professor and Associate Professor, order dated 22.6.2005, promoting them to the post of Professor and Associate Professor, as well as order dated 30.9.2010, rejecting their representation. According to petitioners, such benefit had already been granted to them on 9.3.1999, while the college was managed by the society, formed pursuant to Government order dated 2.4.1998, which had since been withdrawn. It is contended that benefits already granted by the society are protected by the de facto doctrine.

2. Facts, in brief, are that petitioners were appointed as lecturer on different dates, in the state medical colleges, initially on ad hoc basis. Their services were subsequently regularized. The post of lecturer was re-designated as Assistant Professor. Thereafter, petitioner Nos. 1 to 6 claim to have been promoted as Associate Professor on ad hoc basis and were working as such in the department concerned of the medical college, whereas petitioner Nos. 7 & 8 were working as Assistant Professor. Petitioners’ service conditions were governed by the provisions of the U.P. State Medical Colleges Teachers’ Service Rules, 1990 (hereinafter referred to as ‘the Rules of 1990’), framed under proviso to Article 309 of the Constitution of India.

3. On 2.4.1998, a Government order was issued by the State of Uttar Pradesh, providing for constitution of a society under the provisions of Society Registration Act, 1860, to manage the state run medical colleges including the college in question, as an autonomous body. Avowed object was to ensure delegation of administrative and financial powers at the local level. The society was to have Departmental Minister as its Chairman with Secretary of the Department as its Member. Representation of the Department of Planning, Director General Medical Health of the State and Medical Council of India was also contemplated. So far as creation of post and appointment in the college is concerned, following provisions were made in clause 6 of the Government Order :

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All existing posts as well as posts created afterwords were to be treated as posts of society, but the existing staff was to continue in Government service, and was to be treated on deputation to the society. Their conditions of service, however, was to remain the same. However, persons who were to be appointed against posts to be created after formation of society, were to be treated as employees of the society, and their service conditions were to be governed as per its bye-laws.

4. In furtherance of the Government order, aforesaid, Ganesh Shankar Vidyarthi Medical College and Associated Hospitals Society, Kanpur, U.P., came to be registered on 17.10.1998. Memorandum of Association and bye-laws of the society has been annexed as Annexure-14 to the writ pe