JUDGMENT :

IRSHAD ALI, J.

1. Heard Sri. S.K. Kalia, learned Senior Counsel assisted by Sri. Vidhu Bhushan Kalia and Sri. Jaideep Mathur, learned Senior Counsel assisted by Sri. Dhruv Mathur, learned counsel for the petitioners, Sri. Alok Sharma, learned Additional Chief Standing Counsel for the respondents-State and Sri. Savitra Vardhan Singh, learned counsel for the respondent-University.

2. This bunch of writ petitions is being decided by means of a common order treating Writ Petition; SERVICE BENCH No. 1432 of 2015 to be leading writ petition and the judgment passed therein shall be applicable to the connected matter also.

3. By means of the present writ petition, the petitioners have prayed as under:

“(i) to issue a writ, order or direction in the nature of Certiorari quashing the impugned decision of the Executive Council of the respondent-University dated 26.8.2015 as contained in Annexure-1 to the writ petition.

(ii) to issue a writ, order or direction in the nature of Mandamus commanding not to give effect to the impugned decision of the Executive Council of the respondent-University dated 26.8.2015, as is contained in Annexure No. 1 to the writ petition.

(iii) to issue a writ, order or direction in the nature of Mandamus commanding the respondents/Committee constituted by the impugned decision dated 26.8.2015 not to proceed any further.

(iv) to issue any other writ, order or direction which this Hon’ble Court may deem just and proper in circumstances of the case.

(v) to allow this writ petition with all costs in favour of the petitioners.”

4. Brief fact of the case is that the petitioners are working on the post of Assistant Professor in various departments of Lucknow University in the pay scale of Rs. 15600-39100/- with grade-pay of Rs. 7000/- and Rs. 8000/-.

5. For the purpose of giving substantive appointment to part-time Lecturers working in various departments in the State Universities in the State of U.P. Section 31(3)(c) of the U.P. State Universities Act, 1973 was amended vide U.P. Ordinance No. 3/2004 and U.P. Ordinance No. 6/2004.

6. Subsequently, U.P. Ordinance No. 3 of 2004 and U.P. Ordinance No. 6 of 2004 were converted into an Act of the State Legislature namely; U.P. Act No. 23 of 2004. U.P. Ordinance No. 3 and 6 of 2004 were promulgated by His Excellency the Governor on 20.03.2004 and 7.6.2004, respectively. U.P. Act No. 23 of 2004 i.e. the Uttar Pradesh State Universities (Amendment) Act, 2004 received the assent of the Hon’ble Governor on 13.08.2004.

7. On 10.06.2004, under the provisions of the amended Section 31(3)(c) of the Act, the case of the petitioners for giving them substantive appointment was considered by the competent authority namely; the Executive Council in its meeting held and in the said meeting, finding the petitioners suitable for being given substantive appointment under the aforesaid statutory provision contained in Section 31(3)(c) of the Act, resolved to give substantive appointment to the petitioners.

8. The Executive Council vide resolution dated 09.02.1991 resolved to constitute a Committee under the Chairmanship of Prof. Heera Lal Nigam to examine the matter of giving regularization/substantive appointment and the committee submitted its report on 25.02.2000, wherein the committee strongly felt need of regularization of part time lecturers.

9. The State Legislature in its wisdom while enacting U.P. Act No. 23 of 2004 (which was preceded by U.P. Ordinance No. 3 of 2004 and 6 of 2004) provided for regularization of part-time lecturers under certain conditions which was fulfilled by the petitioners and after consideration of their cases by the Executive Council, they were given substantive appointment on 10.06.2004.

10. The decision of the Executive Council dated 10.06.2004 whereby the petitioners were given substantive appointment as Lecturer was challenged by certain persons by way of filing a bunch of writ petitions with leading Writ Petition No. 964 (S/B) of 2004 before this Court. In the