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Judgment
Sunil Ambwani,J.
This writ petition was dismissed for want of prosecution on 27.11.2003.
I have heard learned counsel for the petitioner. Learned standing appears for respondents.
In this writ petition an interim order was passed on 20.9.1989 staying operation of the letter dated 31.7.1989 of the Manager of the college cancelling petitioner''s appointment on ad hoc basis as Lecturer in Zoology, made in the special circumstances in the college on 20.5.1987. The Manager of the college vide letter dated 31.7.1989 informed the petitioner that his appointment could not continue, as he is not qualified to be appointed as Lecturer in Zoology.
The petitioner continued to serve in terms of the interim order for about 14 years. The writ petition was dismissed on 27.11.2003 for want of prosecution.
The petitioner filed restoration application dated 12.4.2010.
In the restoration application, it is stated that in the year 199697, the Board advertised the post of Principal for various institutions, including colleges in Meerut Division. The petitioner appeared in the selections, and was included in the final select list on 15.4.1997. The petitioner was placed for appointment on the post of Principal on Sir Shadi Lal Inter College, Muzaffar Nagar from where he was transferred to Chaudhary Chotu Ram Inter College Muzaffar Nagar.
In para 8 of the affidavit, it is stated that after regularization in the year 1995 and selection on the post of Principal in the year 1997, the petitioner could not be properly advised that either the writ petition No. 17212 of 1989 be withdrawn on said ground or to get it decided finally, and thus the writ petition when it was listed on 27.11.2003 was dismissed for want of prosecution.
In para 9 of the affidavit, it is stated that on the basis of Auditor''s objection, an order has been passed on 5.10.2009 which was challenged by the petitioner in writ petition No. 64693 of 2009 Yogendra Singh vs. State of U.P. and others in which time was granted for filing counter affidavit. The petitioner''s salary however was stopped on 18.2.2010, compelling him to file the restoration application.
On 28.5.2010, the following order was passed:
"The petitioner was appointed for a short period on temporary basis as Lecturer (Biology) by the Committee of Management of the college on the resignation of Shri Brajbir Singh, Lecturer in Zoology. This Court had by an order dated 20.9.1989 stayed the operation of the order dated 31.7.1989 by which his services were terminated by the Manager of the school on the ground that he was not qualified to be appointed as Lecturer in Zoology, as he is B.Sc. and M.Sc. Agriculture. The writ petition was dismissed for want of prosecution on 27.11.2003.
This application has been filed on 12.4.2010 after 7 years stating that in the meantime the petitioner''s services were regularised under Section 33 of the Act of 1982 on 31.8.1995 by the Deputy Director of Education First Region, Meerut but that by audit objection his salary has been stopped. The petitioner filed another Writ Petition No.64693 of 2009, Yogendra Singh Vs. State of U.P. in which he challenged the order by which his salary is stopped. It is contended that on account of the order dismissing the writ petition in default the petitioner''s salary and his continuation as Officiating Principal has been put into jeopardy.
Prima facie it appears that the petitioner was not qualified, when he was appointed on the post of Lecturer in Zoology by the Committee of Management temporarily until fresh selections. The order by which his services were regularised also requires to be verified by the respondents.
Let the Standing Counsel file counter affidavit within four weeks. The record of this writ petition shall stand tagged with Writ Petition No.64693 of 2009, Yogendra Singh Vs. State of U.P."
A counter affidavit of Rajpal Verma,Vice Principal, Government Inter College, Muzaffar Nagar on behalf of respondent No.1 has been filed in which it has been stated in para nos. 6,7 and 8 that the petitioner was not qualified to be appointed as Lecturer in ''Zoology'', as he did not have essential qualifications. He had not studied Zoology either in B.Sc. or in M.Sc. Classes. The petitioner has annexed his mark sheets of B.Sc (Ag.) and M.Sc (Ag.) of Meerut University. A perusal of subjects in which the petitioner has graduated and postgraduated show that the petitioner did not have either Zoology or Botany as subjects in graduation and post graduation classes.
In para 4 of the affidavit filed in support of the restoration application it is stated that the petitioner had Microbiology and Entomology at graduation level, which are equivalent to Zoology. The subjects studied by the petitioner at graduation level as appear from mark sheet of B.Sc (Ag) are as under: Part I (i) Plant Pathology* Microbiology (ii) Agricultural Economics (iii) Entomology (iv) Plant protection (a) disease control (b) insectpest control (v) Olericulture & Flori culture (vi) Biochemistry including Dairy chemistry (vii) Soil and water conservation and (viii) General course Basic Statistics. Part II (i) Elements of genetics (ii) Production of Field Crops (iii) Production of Fruit Crops and Fruits (iv) Dairy Cattle production (v) Plant Breeding and crop systematics (vi) Market Milk and Milk production (vii) Extension Education and community development. In M.Sc the petitioner studied the following subjects PartI (i) Mathematics (ii) Principle of Genetics (iii) Cytobrid (iv) Stat. methods & exp. design and Morp. Anat & Emp., (v) Prin. of Bio & Eco. Botany; PartII (i)Principle of Plant breeding, (ii) Plant physiology (ii) Biochem. Mol. genetics (iv) Breeding of plant (iv) population biometrics.
In the Appendix A, amended Schedule III under the U.P. Intermediate Education Act, the essential qualifications for the Zoology Teacher for Intermediate College are given, as follows:
"1. M.sc. in Botany or Zoology, or
Trained with Agricultural Botany, Zoology in B.Sc, or
M.Sc with Agricultural Zoology, Botany in B.Sc, or
B.Sc with postgraduate diploma in Zoology conducted by Education Department, U.P., in any University or degree college.
The petitioner does not possess any of the qualification for being appointed as Lecturer in Zoology. He was informed that he was not qualified for the post of Lecturer Zoology in the year 1989 itself. The petitioner therefore was not eligible to be appointed as Lecturer in ''Zoology''. Where the petitioner''s appointment on the initial stage itself was illegal, he did not have a right to be regularized and considered for appointment as Principal.
The delay condonation application, and restoration application are rejected.