JUDGMENT :

1. Heard Shri M.M. Sahai and Shri Komal Mehrotra, learned counsel for the petitioners as well as Shri Ajeet Kumar Singh, Senior Counsel, assisted by Shri Shashi Prakash Rai, Advocate, representing Mahatma Gandhi Kashi Vidyapeeth, Varanasi (hereinafter referred to as, 'University') and its Vice Chancellor and Registrar, i.e., respondent Nos. 2 to 4.

2. In order to systemize the running of Self Financing Courses in different Universities and the degree colleges governed by the Uttar Pradesh State Universities Act, 1973 (hereinafter referred to as, 'Act, 1973'), the Government of Uttar Pradesh issued Government Orders dated 28.6.1999 and 4.2.2000, which provided that the teaching as well as non-teaching staff in the Self Financing Courses shall be appointed on contract basis according to the prescribed norms and their services shall come to an end on the discontinuation of the Self Financing Course.

3. In 2013 a Division Bench of this Court through its order dated 1.3.2013, passed in Dr. Suresh Kumar Pandey Vs. State of U.P. & Others, (2013) 3 A.D.J. 505 laid-down certain norms for the Self Financing Courses run by the Universities and the Degree Colleges. The Division Bench directed that the services of teachers appointed under the Self Financing Scheme shall continue till the continuance of the course or till the satisfactory discharge of duty by the teacher. The relevant portion from paragraph No. 53 of the aforesaid judgment is reproduced below :-

“53(iii) All those courses which are open under self-financing scheme, the universities as well as colleges shall at least pay minimum pay scale admissible to teachers in accordance with Rules. The service of teachers appointed under the self-financing scheme, should be permitted to continue till continuance of course or satisfactory discharge of duty.

(iv) Since 2000 and onward, the Government has stopped the grant-in-aid and sanction of new course, even then Government shall ensure that Committee of Managements do not exploit the teachers and pay reasonable salary in contractual and ad hoc appointments in the recognized and affiliated colleges.”

(Emphasis added)

4. In pursuance to the order of the Division Bench in Suresh Kumar Pandey (Supra), a Government Order dated 15.7.2015 was issued prescribing the norms for Self Financing Courses run by the Universities. The Government Order specifically referred to the order of the Division Bench of this Court and provided that the teachers appointed in the Universities in the Self Financing Courses shall be appointed on a contract basis for five years and on the expiry of the aforesaid period, the concerned teacher would be entitled to be considered for re-appointment before any fresh process of selection is started and the contract shall be renewed for another five years if the work and conduct of the teachers was found satisfactory. The Universities were also asked to appropriately amend their Statutes to enforce the norms provided in the Government Order dated 15.7.2015. The relevant portions of the Government Order dated 15.7.2015 are reproduced below :-

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53. We have noticed that not only in the respondent's college, but in other colleges of the State of U.P., the students are admitted without following the norms prescribed by the Statute as well as UGC. Accordingly, we are of the view that the Government should look into it and appropriate orders/circulars should be issued immediately commanding different universities and colleges aided as we