LexTHE KONCH DEGREE COLLEGE, CONCH, JALAUN ETC. versus RAM SAJIWAN SHUKLA AND ANR.
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THE KONCH DEGREE COLLEGE, CONCH, JALAUN ETC.
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v.
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RAM SAJIWAN SHUKLA AND ANR.
FEBRUARY 6. 1997
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[K. RAMASWAMY ANDS. SAGHIR AHMAD, JJ.]
Service Law:
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Temporary appointment-Lecture~espondent teaching in Depart-
c ment of Ancient History on year to year basis for last 20 years-Held, the post
acquired the status to be of a pennanent nature-Government would be at
liberty to convert it as pennanent post-Respondent requires to be continued .
in service.
Service Law:
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Kanpur and Meerut Universities Act, 1965:
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Ss. 26( 4 ), 31-Appointment of Lecturer-Advertisement published i11
two newspapers-Rule providing for publication i11 three newspapers-Seier,-
E tion made by duly constituted committe~Vice-Chancellor negated the ap-
proval-Mea11while a non- qualified person appointed-Vice-Chancellor
turned down this appointment for lack of prescribed educational qualifica-
tion-Held, Management should be insisted upon compliance of the rigour of
the rule-ft is mandatory on the part of the management to ensure that due
publicity should be made i11 the newspapers to put on notice all intending
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F candidates for selection-However, since the respondent was duly qualified
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and selected and was reinstated as per the orders of this Court, it would not
be app1vpriate to i11terf ere with the appointment at this distance of time
though the statutory compliance was not made by the Management-As
regards appoi11tme11t of unqualified person, even for a temporary appointment
G only a qualified and competent lecturer should be selected and its approval
sought-Vice-Chancellor rightly appointed out the lack of prescribed educa-
tio11al qualification-His services automatically stand tenni11ated on specified
date.
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CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5321 of
H 1983.
1024
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KON CH DEGREE COLLEGE v. S.R. SHUKLA
1025
From the Judgment and Order dated 4.10.82 of the Allahabad High A
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Court in C.M.W. No. 6976 of 1975.
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Civil Appeal No. 5322 of 1983.
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R.B. Mehrotra, A.S. Pundir, Pradeep Misra, Dr. l.B. Gaur, Dileep
Tandon and J.M. Khanna for the Appellants .
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R.C. Verma and R.B. Misra for State.
S.C. Birla, S.P. Singh (NP), Ms. Vipin Gupta and
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E.C. Agarwala for c,
the respondents.
· The following Order of the Court was delivered :
In CA. No. 5321/83
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This appeal by special leave arises from the judgment of the Division
Bench of the Allahabad High Court, made on October 4, 1982 in Civil
Miscellaneous Writ No. 6976/75.
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The appellant had.called for selection of teachers for History subject. E
The first respondent Ram Sanjeevan Shukla had applied for and was
selected. Admittedly, he studied Ancient History as his subject. Therefore,
when his selection as lecturer was sought to be ratified to Vice-Chancellor
by his proceedings dated May 16, 1975 disapproved his appointment on
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the ground that Ram Sanjeevan Shukla was unqualified to teach the subject
of History since his study was in Ancient History. The respondent had F
challenged the same in the writ petition. In the nieanwhile, one Umesh
Chandra Kanchan was appointed as a Lecturer in History and he claimed
the place of Ram Sanjeevan Shukla. In view of the fact that the Vice-Chan-
cellor had refused approval of the appointment of Ram Sanjeevan Shukla,
the High Court had held that the Vice- Chancellor had rightly refused to G
grant approval of the· selection of Ram Sanjeevan Shukla as a Lecturer in
History. We are informed that subsequently the Department of Ancient
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History was created and the first respondent has been teaching in the
Department, while Umesh Chandra Kanchan has been teaching the His-
tory subject. Consequently, both the posts are continuing in the appellant's
college. We are informed that the post of Lecturer of Ancient History is a H
1026
SUPREME COURT REPORTS
(1997] 1 S.C.R.
A temporary post being continued on year to year basis. We are afraid that
at this distance of time, it would be very difficult to give acceptance to the
contention that the post is a temporary post. For well over 20 years, when
the post is being continued, though on temporary basis, it acquired the
status to be of a permanent nature. As a consequence, the respondent,
B namely, Ram Sanjeevan Shukla in the Ancient History Department re-
quires to be continued and. the Government would be at liberty to convert
it as permanent post.
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