Allahabad High Court
Ram Bachan Yadav And 2 Ors. vs State Of U.P. And 2 Ors. on 20 August, 2016
Bench: Dilip Gupta, Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 39
Case :- WRIT - A No. - 38601 of 2016
Petitioner :- Ram Bachan Yadav And 2 Ors.
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Shivendu Ojha,Sri Radha Kant Ojha
Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J.
Hon'ble Manoj Kumar Gupta,J.
This petition has been filed with an apprehension that the respondents may regularize the services of even those teachers who are not fulfilling the requisite qualification in accordance with the Uttar Pradesh Government Degree Colleges, Contractually Working Lecturer's Regularization Rules, 2016 (hereinafter referred to as 'the Regularization Rules').
It is stated that an office order dated 15 July 2016 has been issued by which a tentative list of contractual appointment have been notified and objections have been invited within 15 days.
Rule 4 of the Regularization Rules deals with the terms for regularization of contractual lecturers is as follows:-
"Under these rules, a Contractual lecturer, working in Government Degree Colleges of the State shall be eligible for regularization:-
(1) If he holds/fulfils the educational qualification for the post of lecturer as mentioned in the Uttar Pradesh Higher Education (Group-A) Service Rules, 1985 as amended from time to time and has put in at least five years service as Contractual Lecturer in a Government Degree College on the date of regularization but not appointed after 31 December 2008."
Rule 5 provides for constitution of a Selection Committee for regularization while Rule 6 deals with the procedure for regularization. Under Rule 6 (1) the appointing authority is required to prepare a provisional joint eligibility list of contractual lecturers in order of seniority as determined according to the date of their appointments on contract and who fulfil the conditions of Rule 4 above in respect of each post. Under sub-rule (2) of Rules 6, the provisional joint eligibility list prepared under sub-rule (1) above is required to be circulated by the appointing authority and objections have to be invited in 15 days.
This is precisely what has been done by the office order dated 15 July 2016.
The contention of Sri R.K. Ojha, learned Senior Counsel for the petitioners is that the appointing authority will not take into consideration the University Grants Commission on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education (3rd Amendment), Regulations, 2016 which have been notified on 4 May 2016. In this connection, reference has been made to Regulation 3.3.1 which deals with exemption from the requirement of certain minimum eligibility condition for recruitment and appointment to the post of Assistant Professor or equivalent positions.
As noticed above, Rule 4 deals with the conditions / terms for regularization of contractual lecturers. At present, only a tentative list has been drawn and objections have been invited. The services of contractual lecturer have not been regularized as yet. It is only when the services are regularized that the petitioners can have a cause of action to contend that certain contractual lecturers who do not fulfil the conditions of regularization have been regularized. It would, therefore, not be appropriate for the Court to entertain this petition at this stage.
The writ petition is, accordingly, dismissed.
Order Date :- 20.8.2016
Akram
(Dilip Gupta,J.)
(Manoj Kumar Gupta,J.)
