ORDER M. Katju, J.
1. Heard learned counsel for the parties.
2. The petitioner's appointment dated 14.6.2003 (Annexure-5 to the writ petition) shows that the petitioner was appointed on Mandeya (honorarium basis). The Mandeya (Honorarium basis) is a purely contractual appointment which confers the appointee no right as held by a Division Bench decision of this Court in Alok Singh v. State of U.P., 2002 (2) ESC 427. The petition is, therefore, dismissed.
3. However, before parting this case, we are constrained to observe that a lot of cases are coming before us where we find that appointments have been made on Mandeya (Honorarium basis). The appointment of lecturers in the Degree/P.G. Colleges of the State can only be done in accordance with the U.P. Higher Education Services Commission Act, 1980, as amended from time to time, and the rules and regulations made thereunder. There is no provision in that Act to make an appointment on Mandeya (Honorarium basis). In fact Section 12 of the Act states "every appointment as a teacher of any college shall be made by the management in accordance with the provision of this Act and every appointment made in contravention thereof shall be void." Thus, Section 12 of the Act clearly states that no appointment can be made without complying with the provisions of the Act and any such appointment made in contravention thereof will be totally void ab initio,
4. It may be mentioned that there was earlier a provision under Section 16 of the Act for making ad hoc appointments but that was deleted by the Amendment to the Act of 1992, w.e.f. 22.11.1991. Hence, now there is no statutory provision enabling appointments on ad hoc basis.
5. Learned counsel for the petitioner has stated that there is a Government order which permits such appointments. In our opinion, no Government order can contravene the statute. A Government order is merely an executive order, and it is well-settled that an executive order cannot violate a provision of the Act.
6. We, therefore, direct the concerned authorities including Secretary and Director of Higher Education and the U.P. Higher Education Services Commission that they must see to it that Mandeya appointments, i.e., on (Honorarium basis) are not made any more, and any appointments, already made are terminated forthwith. The posts of lecturer in the Degree/P.G. Colleges should be filled strictly in accordance with the provisions of the Act, i.e., by selection through the U.P. Higher Education Services Commission.
7. The petition is dismissed with the above observations.
Let a copy of this judgment be sent by the Registrar General of this Court to the above mentioned authorities forthwith.