Hon’ble Sudhir Agarwal, J.—Heard Sri Ashok Khare, Senior Advocate assisted by Sri Kamlesh Kumar Yadav, learned counsel for petitioners, learned Standing Counsel for State of U.P. and its authorities and Sri S. P. Rai, Advocate holding brief of Sri Ajit Kumar Singh, learned counsel for respondents 2 and 3.

2. This writ petition under Article 226 has been filed by five petitioners, who were engaged as Lecturer for a tenure appointment of three years on 15.9.2009, 15.9.2009, 4.4.2009, 1.10.2009, respectively, and 1.10.2009 and thereafter have been allowed extension of five years by respondent 4, which has not been accepted by Vice Chancellor, Veer Bahadur Singh Purvanchal University, Jaunpur (hereinafter referred to as “V.C., University”). This order has been challenged by seeking a writ of certiorari for quashing the same. A writ of mandamus has also been prayed directing respondents not to interfere in the functioning of petitioners as Lecturers in Department of Education of Mariahu Snatkottar Mahavidyalay, Marihau, District-Jaunpur (hereinafter referred to as ‘College’).

3. Facts giving rise to present writ petition are that College is a Post Graduate College affiliated to Veer Bahadur Singh Purvanchal University, Jaunpur (hereinafter referred to “V.B.S. Purvanchal Unversity”) and governed by the provisions of U.P. State Universities Act, 1973 (hereinafter referred to as “U.P. Act, 1973”) and Statutes framed thereunder i.e. First Statutes of V.B.S. Purvanchal University (hereinafter referred to as ‘First Statutes’). College was granted affiliation with V.B.S. Purvanchal University in 2002 for running Bachelor of Education Department under Self Finance Scheme. Subsequently, by Government Order (hereinafter referred to as ‘G.O.’) dated 5.2.2014, with academic session commencing from 1.5.2014, College has been taken in grant-in-aid.

4. Governing various aspects of such Educational Institutions of Higher Education, which were allowed to run under Self Finance Scheme, various G.O.s were issued from time to time. Some such orders referred in para 5 of writ petition are dated 11.11.1997, 30.10.1999, 9.5.2000, 17.1.2006, 13.12.2006, 11.1.2008 and 30.5.2013.

5. G.O. dated 11.11.1997 shows that recruitment of teachers in Institutions run under Self Financing Scheme was kept outside the purview of U.P. Higher Education Service Commission (hereinafter referred to as “U.P.H.E.S.C.”). Subsequently, by G.O. dated 30.10.1999, for recruitment and appointment of teachers in Self Finance Scheme Institutions, Government contemplated constitution of a panel of Experts and relevant para 2 reads as under :

^^¼2½ f'k{kdksa ds p;u esa fo'ks"kKksa] mPp f'k{kk ifj"kn~ }kjk ukfer fd;k tk;sxkA ifj"kn }kjk fo'ks"kKksa dk ,d iSuy cuk;k tk;sxkA ftlesa ,sls f'k{kd gksaxs ftldks U;wure 20 o"kZ dk vuqHko gks vFkok os de ls de jhMj gksa vFkok lEcfU/kr fo"k; esa lsokfuo`fRr izksQslj gksaA^^

“(2) in case of selection of teachers, the Specialists shall be nominated by the Higher Education Commission. The Commission shall prepare a panel of Specialists, which will include such teachers, who have experience of minimum 20 years or are at-least Readers or are retired Professors in the concerned subject.” (English translation by Court)

6. Some further modifications were made by G.O. dated 9.5.2000 relating to selection and appointment of teachers in Colleges of Higher Education running under Self Finance Scheme and it read as under :

^^¼2½ mi;qZDr 'kklukns'kksa esa fofgr f'k{kdksa dh p;u izfØ;k] mudk osru fuèkkZj.k ,oa vgZrkvksa ds lEcU/k esa jkT; ljdkj }kjk lE;d~ fopkj djus ds mijkUr fuEukuqlkj fu.kZ; fy;k gS &

¼1½ LofoRr iksf"kr egkfo|ky;ksa esa vè;kidksa ds p;u ds fy;s fo'ks"kK dk ukekadu fo'ofo|ky; }kjk fd;k tk;sxkA p;u dk vuqeksnu fo'ofo|ky; ls djk;k tk;sxk] ftlls p;fur O;fDr ds lEcU/k esa lwpuk fo'ofo|ky; esa Hkh miyC/k gks tk;sxhA fo'ofo|ky;