NDLI: Yogendra Singh Rawat and Ors. Etc. Vs. Hemwati Nandan Bahuguna Garhwal University and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	U.P. State Universities Act 1973: Ss. 13(6) and 31(3) as amended by U.P. State Universities (Amendment) Act 1992
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Uttar Pradesh State Universities Act, 1973 (10 of 1973)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	U.P. State Universities Act, 1973: S. 13(6) and s. 31(3) as amended by U.P. State Universities (Amendment) Act, 1992-Statute 11.06 as amended on 31.12.1990-Ad hoc Lecturers in Hemwati Nandan Bahuguna Garhwal University-Substantive appointment-Qualifications-Lecturers appointed on ad hoc basis under s.13(6) between August 1990 and February 1991-Not recommended for substantive appointment-Writ petition dismissed by High Court-Held, in order to get the benefit of the Amendment Act, 1992 ad hoc lecturers must possess the qualifications required for regular appointment under the provisions of relevant statutes as laid down in clause (c) of s. 31 (3)-Artificial break not to be taken into account while considering period of continuous service-Since the appellants did not fulfil the requisite qualifications, they were rightly not recommended for regular appointment. The appellants were appointed as ad hoc lecturers in the Hemwati Nandan Bahuguna Garhwal University, under the provision of s. 13(6) of the U.P. State Universities Act, 1973 on different dates between August 1990 and February 1991.Section 31 of the U.P. State Universities Act, 1973 (Principal Act) provides that teachers of the University would be appointed by the Executive ,.. ' Council on the recommendations of the Selection Committee in the manner laid down in the section and that no appointment would be made except after advertisement of the vacancy. By the U.P. State Universities (Amendment) Act, 1992 s. 31 of the Principal Act was amended and it was provided that lecturers appointed under the provisions of s.13(6) on or before 30.6.1991 would be given substantive appointment by the Executive Council if any substantive vacancy in the same department was available on 22.11.1991 (the date of coming into force of the amending Act) and the lecturer was serving as such on that date continuously since his initial appointment, he possessed on 22.11.19.91 the qualifications required for regular appointment to the post, and was found suitable for regular appointment by the Executive Council.The appellants were served with a letter dated July 5/17-6-1992 by the University stating that they were not found fit to be regularised on the posts of Lecturers for the reasons that they were not qualified. It was also stated that they were not working on 30th June, 1991. The appellants filed writ petitions before the High Court praying that they be granted substantive appointment as Lecturers in the University in terms of the U.P. Universities (Amendment) Act, 1992.It was contended for the appellants that the qualifications as existing when the amending Act came into force would be applicable. The University, on the other hand contended that the qualifications as on the date of the initial appointment of the appellants would be applicable. The High Court held that the qualifications would be those as existing when the initial appointments under s. 13(6) of the Principal Act were made and not when the amending Act came into force i.e., 22.11.1991. The High Court found that none of the appellants satisfied the requisite qualifications or the criteria and dismissed the writ petitions. Aggrieved, the appellants filed the present appeals.
Judge	Hon'ble Mr. Justice D.P. Wadhwa
Neutral Citation	1998 INSC 68
Petitioner	Yogendra Singh Rawat And Ors. Etc.
Respondent	Hemwati Nandan Bahuguna Garhwal University And Ors.
SCR	[1998] 1 S.C.R. 685
Judgement Date	1998-02-05
Case Number	365

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Yogendra Singh Rawat and Ors. Etc. Vs. Hemwati Nandan Bahuguna Garhwal University and Ors.

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