Court upheld that employment eligibility for adjustment in State Colleges is strictly linked to the timing of appointment relative to the University’s status change, emphasizing the need for substantiating evidence.

JUDGMENT :

Manoj Kumar Tiwari, J.

1. Petitioners have challenged order(s) dated 31.08.2022 passed by Director, Higher Education on their representations. By the said order, their request for including their name in the list, attached to Government Order dated 01.06.2022, was turned down by holding that they were appointed in H.N.B. Garhwal University after its conversion to Central University.

2. It is not in dispute that H.N.B. Garhwal University was earlier a State University, established under provisions of U.P. State Universities Act, 1973; with effect from 15.01.2009, it became a Central University. Upon conversion of the University to Central University, State Government decided that persons who were engaged as temporary Guest Faculty in the State University shall be re-engaged in the same capacity, who meet the UGC norms, in Government Degree Colleges in hill region and in Hill Campus of Sri Dev Suman Uttarakhand University, on fixed remuneration of Rs. 35,000 per month.

3. Petitioners were serving in H.N.B. Garhwal Central University at the time of aforesaid policy decision taken by State Government, however, their name was not included in the list of persons who were adjusted in Government Colleges/Hill Campus of Sri Dev Suman Uttarakhand University. Petitioners approached this Court by filing writ petitions, which were disposed of by permitting petitioners to make representation(s).

4. The representation(s) made by the petitioners, pursuant to order passed in their writ petitions, have been rejected by Director, Higher Education by separate orders dated 31.08.2022. Petitioners have challenged the said rejection orders in these petitions.

5. The reason assigned by Director for rejecting petitioners claim for adjustment in other Government Colleges/Hill Campus of Sri Dev Suman Uttarakhand University, is that petitioners were appointed after 15.01.2009, when H.N.B. Garhwal University became a Central University.

6. Learned State Counsel submits that anyone who was appointed as Guest Faculty in H.N.B. Garhwal State University, as it then was, is entitled for adjustment as Guest Faculty in Government Colleges or Hill Campus of Sri Dev Suman Uttarakhand University. He further submits that since petitioners were appointed by Central University, therefore, State Government is not liable to adjust the petitioners as Guest Faculty in Government Colleges or the other State Universities.

7. Learned counsel for the petitioners, however, submits that petitioners were appointed before 15.01.2009, while H.N.B. University was a State University, therefore, they cannot be denied benefit of the policy decision taken by the State Government. However, there is no evidence on record to substantiate that petitioners were appointed before 15.01.2009. Anyone, who is appointed after 15.01.2009, is an employee of Central University, therefore, the liability to adjust them in State University/Colleges cannot be fastened upon the State Government.

8. Whether petitioners were appointed before 15.01.2009 or thereafter, is a pure question of fact, which cannot be appropriately decided in a writ petition, especially when there is no evidence on record to support the contentions of the petitioners that they were appointed before 15.01.2009.

9. Learned counsel for the petitioners submits that State Authorities have adopted pick and choose policy, and persons, who were appointed as Guest Teacher after 15.01.2009, have also been adjusted as Guest Teacher in Government Colleges/State Universities. He submits that Dr. Rakesh Singh was appointed on 04.12.2009, as Gue