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2003 DIGILAW 2651 (ALL)

YESHPAL CHAUDHARI v. DIRECTOR OF EDUCATION, (HIGHER EDUCATION) U. P. AT ALLAHABAD

2003-11-13

M.KATJU, UMESHWAR PANDEY

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M. KATJU, UMESHWAR PANDEY, JJ. ( 1 ) THE petitioner was appointed on honorarium basis as is evident by the appointment letter dated 7. 3. 2003. It was held by a Division Bench of this Court that a person appointed on honorarium (Mandeya) basis has no right vide Dr. Alok Kumar Singh v. State of U. P. , 2002 (3) AWC 1859 : 2002 (2) ESC 427. ( 2 ) LEARNED counsel for the petitioner has submitted that a person appointed on honorarium basis cannot be replaced by another person appointed on honorarium basis. ( 3 ) IN our opinion, appointments on honorarium basis are wholly illegal as it is against the provisions of Section 13 of the U. P. Higher Education Services Commission Act, 1980 which permits appointments of the Lecturers in Degree Colleges only after selection by the U. P. Higher Education Services Commission. We have held to this effect in Writ Petition No. 44332 of 2003, Malvika Shekhar v. Director of Higher Education, decided on 29. 9. 2003. ( 4 ) SECTION 12 of the U. P. Higher Education Services Commission Act, 1980 states : "every appointment as a teacher of any college shall be made by the management in accordance with the provisions of this Act and every appointment made in contravention thereof shall be void. " ( 5 ) THE above provision clearly states that the appointments of Lecturer in Degree College made in accordance with the provisions of the U. P. Higher Education Services Commission Act alone are valid, and any appointment made which is not in accordance with the provisions of the Act are void. (Mandeya) honorarium appointments are not made in accordance with the provisions of the Act, and hence, are void in view of Section 12 of the Act. ( 6 ) HENCE, the appointment of the petitioner and of any other person, in the past, present or future appointments on honorarium (Mandeya) basis are wholly illegal and void, and if any such appointment has been made it shall be terminated forthwith. ( 7 ) LET a copy of this order be sent by the Registrar General of this Court as well as learned standing counsel to the Secretary, Higher Education U. P. and the Director, Higher Education U. P. forthwith. ( 7 ) LET a copy of this order be sent by the Registrar General of this Court as well as learned standing counsel to the Secretary, Higher Education U. P. and the Director, Higher Education U. P. forthwith. ( 8 ) IF any Government order has been issued for making honorarium (Mandeya) appointment, such G. O. is also invalid as it is contrary to the Section 12 of the Act. It is well settled that a g. O. cannot violate a statutory provision. It may be mentioned that Section 16 of the Act which provided for ad hoc appointment of Lecturer has been deleted by U. P. Act No. 2 of 1992 with effect from 22. 11. 1991. Hence, even ad hoc appointments of Lecturers in Degree Colleges are not permissible any more, and if made will be wholly void. ( 9 ) PETITION is dismissed. .