Court No. - 3
Case :- WRIT - A No. - 8774 of 2018 Petitioner :- Rudresh Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brahm Prakash Mishra,Sr. Advocate Radha Kant Ojha Counsel for Respondent :- C.S.C.,Rohit Pandey
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
1. Heard Sri R.K. Ojha, learned counsel for the petitioner. Sri Rohit Pandey has appeared for respondent No.2.
2. The petitioner was appointed as Lecturer in the Faculty of Engineering & Technology of Agra College, Agra vide order dated vide order dated 31.7.2012 on purely temporary basis under Self Financing Scheme.
3. The Committee of Management of the College in its meeting held on 7.12.2017 resolved that the financial condition of the College with regard to the Self Financing Engineering Faculty is not good rather there is financial crises and, therefore, by fixing the term of all contractual appointment steps be taken to dispense with the services of all those who do not possess the proper appointment letter or those whose appointments have not been approved by the Management.
4. In pursuance to the above resolution, the Principal of the College on 27.12.2017 issued an office order stating that all appointments including that of the petitioner under the Self Financing Scheme shall be treated to be only up to 31st May, 2018 on contractual basis.
5. The petitioner is aggrieved by the fixation of the aforesaid period of contractual appointment and contends that it is contrary to the letter of appointment wherein the petitioner was appointed till a regular selection is made.
6. Admittedly, the appointment of the petitioner was on temporary basis under the Self Financing Scheme. It was not a substantive appointment or appointment against any substantive vacancy. It is also admitted that the Faculty of Engineering is run under the Self Financing Scheme and is under financial crises. Therefore, the College has decided not to continue with the contractual appointments.
7. The contractual appointment does not give any right to the petitioner on any post. The Management of the College for good reasons which are not arbitrary or discriminatory has right to close the faculty under the Self Financing Scheme.
8. It is not the case of the petitioner that he is being replaced by another person or that the College has issued or is likely to issue a fresh advertisement for appointment in place of the petitioner.
9. In such circumstances, we do not consider it a fit case for exercise of our discretionary jurisdiction at this stage.
10. The writ petition is dismissed as premature for the above reasons.
Order Date :- 28.3.2018 Brijesh