SUPREME
COURT OF
(S.H. Kapadia and B. Sudershan Reddy JJ.)
ORDER
1. Permission
to file SLP granted in SLP(C) No. 19027 of 2004.
2. Delay
condoned.
3. Impleadment allowed.
4. Leave
granted.
5. In
these Appeals the main question which arises for determination is "whether
in the State of Uttar Pradesh teachers appointed on honorarium basis should be
allowed to continue even after selectees are made
available, from time to time, duly selected by U.P.
6. By
the impugned Order passed in Civil Miscellaneous Writ Petition No. 44332 of
2003, High Court has passed an across the Board direction to the concerned
Authorities to dismiss all the teachers appointed on honorarium basis (even
without notice to the affected parties) in following terms:
“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.
The petition is dismissed with the above observations.”
7. Having
heard learned counsel for the parties we find that on principle there is no
dispute as it is stated on behalf of the appellants and other such Teachers
that as and when selectees are made available they
have to go.
8. The
only dispute is whether service of the appellants - teachers herein is liable
to be terminated on the ground that selectees in some
cases are now available.
9. Learned
counsel appearing for the Management has submitted a Chart. According to him
the selectees in some cases are now available and to
that extent services of the existing teachers appointed on honorarium basis
have to be terminated. Therefore, these matters are now confined to working out
the details.
10. In
the circumstances, we set aside the above quoted portion of the impugned
judgment and we restore Civil Miscellaneous Writ Petition No. 44332 of 2003, in
which the Management will have to show whether how many selectees
are not cleared by the Commission and against the number of posts to be filled
in.
11. The
difficulty has arisen because the impugned order is passed in Civil Higher
Education, U.P. & Ors. whereunder the High Court
vide sweeping direction has directed the concerned authorities to see that
appointment of all teachers on honorarium basis should be immediately
terminated. The said order which is quoted hereinabove is passed even without
hearing the affected parties. Therefore, to that extent alone, we set aside the
above quoted part of the order and we direct the High Court to once again
consider the said Civil Miscellaneous Writ Petition No. 44332 of 2003 in the
light of the later developments, namely, selection of certain candidates by
U.P. Higher Education Service Commission. It would be open to the affected
parties to move an I.A. in the pending Writ Petition No. 44332 of 2003 since
the Management has prepared the Chart of number of selectees
to be fitted against some of the posts. If, however, the High Court is of the
view that every affected teacher should file separate Writ Petition, on the
basis that they had not done so earlier it may so direct accordingly.
12. We
make it clear that till the High Court decides the above matters, as directed
above, the present status quo will continue.
13. Accordingly,
to above extent, the said Civil Miscellaneous Writ Petition No. 44332 of 2003
filed in the High Court stands restored to the file of the High Court for fresh
disposal in accordance with law.
14. Civil
Appeals stand disposed of accordingly.