Kumari Manisha Dubey vs State of U.P. and others

D.S. Sinha, J.—Heard Sri S. P. Singh, learned counsel appearing for the petitioner and Sri S. G. Husnain, learned Additional Chief Standing Counsel representing the respondent Nos. 1, 2, 3 and 5, at length and in detail.

By means of this petition under Article 226 of the Constitution of India, the petitioner prays that her services on the post of lecturer in Music [Vocal] at Kamla Arya Kanya Degree College, Mirzapur, be regularised. Further prayer of the petitioner is that the respondents may be commanded to pay to her salary along with arrears and other dues.

Petitioner claims that she was appointed as lecturer by the order of the Managing Committee dated 23rd June, 1982, a copy whereof is Annexure-2 to the writ petition.

A counter-affidavit on behalf of respondent Nos. 1, 2, 3 and 5 has been filed. A copy of this counter-affidavit was served on the learned counsel representing the petitioner on 15th December, 1993. More than four and half years have elapsed. But, the petitioner has not filed any rejoinder-affidavit rebutting the averments made in the said counter-affidavit.

From the perusal of the u neon troverted averments made in the counter-affidavit, it transpires that one Sri O. P. Mallk was Lecturer in Music (Vocal) at the College. The Management of the College vide its resolution dated 30th April, 1981 decided to terminate the services of Sri Malik and sought the approval of the Vice-Chancel of the Gorakhpur University to which the college is affiliated. Vice-Chancellor did not agree with the decision of the Managing Committee and vide his order dated 21st April, 1982 disapproved the resolution of the Managing Committee terminating the services of Sri Mallk. The Managing Committee went up in appeal before the Chancellor. The Chancellor also did not approve the proposal of the Managing Committee to terminate the services of Sri Malik and affirmed the order of the Vice-Chancellor dated 21st April, 1982 disapproving the resolution of the Managing Committee proposing to terminate the services of Sri Malik. In the interregnum. the petitioner was given a part-time appointment on the post of Lecturer Music (Vocal) on a fixed salary of Rs. 500.

As a consequence of disapproval of the resolution of the Managing Committee proposing to terminate his services, Sri Malik had to be reinstated on the post and the petitioner had to give way. From the record, it appears that the petitioner was at no point of time appointed on the post of Lecturer in Music (Vocal) substantively or on ad hoc basis. On the contrary, her appointment was made as a part-time Lecturer on a fixed salary.

Clearly enough, the petitioner is not covered by the definition ''teacher'' provided in Section 60A of the U. P. State Universities Act. 1973, which is a condition precedent for her entitlement to regularisation and claim of salary. In the counter-affidavit, it is asserted that there is no other post except one which was held by Sri Malik. It also transpires that the appointment of the petitioner was never approved by the Vice-Chancellor. The petitioner being not covered by the expression ''teacher'', the question of her regularisation and payment of salary does not arise. Her claim in that regard is misconceived.

On the facts and circumstances noticed above, the Court is of the opinion that the petitioner Is not entitled to any relief from this Court.

In the result, the petition fails and is dismissed. The Interim order dated 24th May. 1993 is vacated.