# (2013) 1 ILRA 428

- **Citation:** (2013) 1 ILRA 428
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2013-02-14
- **Case number:** Civil Misc Writ Peition No. 273 of 2001
- **Bench:** Satya Poot Mehrotra, Zaki Ullah Khan
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/2013-1-ilra-428-42523
- **Pages:** 3

## Headnote

Constitution
of
India,
Art-226-
Regularisation
of
Guest
Lecturerpetitioner working as guest lecturer in
Homeopathic
Medical
College-stand
merged
with
Lal
Bahadur
Shashtri
Medical
College
Allahabad-calim
of
petitioner
either
continuation
or
regularisation-can not be accepted in
view of Division Bench judgment of Dr.
V.P. Singh and Dr. K.K. Singh. cases.

Held: Para-18

## Text

428 INDIAN LAW REPORTS ALLAHABAD SERIES [2013
refusal to grant session's benefit to the
petitioner cannot be legally sustained.
Accordingly,
the
order
26.07.2012
(Annexure No.10) and the consequential
communication /order dated 28.07.2012
(Annexure No.9) are hereby quashed. The
petitioner will be entitled to the session's
benefit and would be entitled to continue
as Principal of the said college till the date
of his retirement i.e. 30.06.2013, with all
the consequential benefits. However, this
will not preclude the respondents to take
action
against
the
petitioner,
in
accordance with law.

13. The writ petition is allowed as
above.
---------
 ORIGINAL JURISDICTION
CIVIL. SIDE
DATED: ALLAHABAD 14.02.2013

BEFORE
THE HON'BLE SATYA POOT MEHROTRA, J
THE HON'BLE ZAKI ULLAH KHAN, J.

Civil Misc. Writ Petition No. 43383 OF 2001

Dr. Ashok Kumar Misra and others

 ...Petitioner
Versus
State of U.P. and others ...Respondents

Counsel for the Petitioner:
Sri A.N. Pandey

Counsel for the Respondents:
C.S.C.

Constitution
of
India,
Art-226-
Regularisation
of
Guest
Lecturerpetitioner working as guest lecturer in
Homeopathic
Medical
College-stand
merged
with
Lal
Bahadur
Shashtri
Medical
College
Allahabad-calim
of
petitioner
either
continuation
or
regularisation-can not be accepted in
view of Division Bench judgment of Dr.
V.P. Singh and Dr. K.K. Singh. cases.

Held: Para-18

18. We are in respectful agreement with
the above decisions. The petitioners in
the present Writ Petition were merely
appointed as Guest Lecturers in the Year
1998
in
the
erstwhile
Tilakdhari
Homeopathic Medical College, Jaunpur.
After merger of the said college with Shri
Lal Bahadur Shastri Medical College,
Allahabad, the college did not find
necessity of having Guest Lecturers for
teaching
the
subjects
which
the
petitioners
had
been
teaching,
and
therefore,
the
petitioners
were
not
continued
as
Guest
Lecturers.
The
petitioners
have
no
right
to
claim
continuation as Guest Lecturers or seek
regular employment in Shri Lal Bahadur
Shastri Medical College, Allahabad.

Case Law discussed:
Civil Misc. Writ Petition No. 21496 of 2001;
Civil Misc Writ Peition No. 273 of 2001

(Delivered by Hon'ble , Zaki Ullah Khan, J)

1. The present Writ Petition has
been filed by the petitioners under Article
226 of the Constitution of India, inter-alia,
praying for quashing the Order dated
13.9.2001 passed by the respondent no.4
(Annexure 13 to the Writ Petition).

2. It appears that the petitioners were
appointed as Guest Lecturers in various
departments in Tilak-dhari Homeopathic
Medical College, Jaunpur.

3. It further appears that by the
Government Order dated 1st May, 2000,
the scheme of appointment as Guest
Lecturers was suspended by the State
Government whereupon the petitioners
filed a Writ Petition before this Court
1 All Dr. Ashok Kumar Misra and others Vs. State of U.P. and others
429
being Civil Misc. Writ Petition No. 24257
of 2000. This Court passed the following
Interim Order dated 19.5.2000 in the said
Writ Petition:

" Until further orders petitioner shall
be allowed to continue functioning as
adhoc Lecturer till regular selection is
made on the post. "

4. Thereafter, it appears that the
Government Order dated 17.2.2001 was
issued by the State Government in
exercise of powers conferred under the
Uttar Pradesh Homeopathic Medical
Colleges (Acquisition and Miscellaneous
Provisions) Act, 1981.

5. As per the provisions of the said
Government
Order,
the
aforesaid
Tilakdhari Homeopathic Medical College,
Jaunpur was merged with Shri Lal
Bahadur
Shastri
Medical
College,
Allahabad.

6. The petitioners were relieved
from
the
erstwhile
Tilakdhari
Homeopathic Medical College, Jaunpur
for joining in the aforesaid Shri Lal
Bahadur
Shastri
Medical
College,
Allahabad. However, the respondent no.4
did not allow the petitioners to join in the
said College.

7. Thereupon, the petitioners filed
another Writ Petition before this Court
being Civil Misc. Writ Petition No. 8507
of 2001. This Court by the Order dated
12.3.2001 disposed of the said Writ
Petition,
inter-alia,
permitting
the
petitioners to make a Representation to
the authority concerned, and the authority
concerned was directed to decide the
same in accordance with law by a
speaking
order
within
the
period
mentioned in the said Order dated
12.3.2001.

8. Pursuant to the said Order dated
12.3.2001, the respondent no.4 considered
the Representation submitted by the
petitioners and rejected the same by the
Order
dated
13.9.2001,
inter-alia,
observing that no extra lecturer was
required for teaching the subjects which
the petitioners had been teaching as Guest
Lecturers, and as such, there was no
justification or necessity to invite the
petitioners as Guest Lecturers for teaching
the said subjects. Copy of the said Order
dated 13.9.2001, as mentioned above, has
been filed as Annexure 13 to the Writ
Petition.

9. Thereafter, the petitioners have
filed the present Writ Petition before this
Court seeking the reliefs, as mentioned
above.

10. Affidavits have been exchanged
between the parties in the present Writ
Petition, and the same is being disposed
of at this stage with the consent of the
learned counsel for the parties.

11. We have heard Shri A.N.
Pandey,
learned
counsel
for
the
petitioners and the learned Standing
Counsel appearing for the respondent nos.
1 to 4.

12. It is submitted by Shri A.N.
Pandey,
learned
counsel
for
the
petitioners that the respondent no.4 acted
illegally in rejecting the Representation
submitted by the petitioners. It is
submitted that the petitioners ought to
have been permitted to join Shri Lal
Bahadur
Shastri
Medical
College,
Allahabad after the merger of the
430 INDIAN LAW REPORTS ALLAHABAD SERIES [2013
erstwhile
Tilakdhari
Homeopathic
Medical College, Jaunpur with Shri Lal
Bahadur
Shastri
Medical
College,
Allahabad.

13. The learned Standing Counsel
appearing for the respondent nos. 1 to 4
submits that the petitioners were only
Guest Lecturers and they were not entitled
to claim any regular employment in Shri
Lal Bahadur Shastri Medical College,
Allahabad.

14. It is further submitted by the
learned Standing Counsel appearing for
the respondent nos. 1 to 4 that the
controversy involved in the present Writ
Petition has already been decided by this
Court in cases of certain other doctors,
who were similarly situated as the
petitioners in the present Writ Petition.

15. The learned Standing Counsel
appearing for the respondent nos.1 to 4
refers to the following decisions:

(1) Judgment dated 17.1.2002 in
Civil Misc. Writ Petition No. 21496 of
2001 (Dr. Vijay Pratap Singh and
another vs. State of U.P. and others).

(2) Judgment dated 30.6.2009 in
Civil Misc. Writ Petition No. 273 of
2001 (S/B) (Dr. K.K. Singh and others
vs. State of U.P. and others).

16. In Dr. Vijay Pratap Singh case
(supra), a Division Bench of this Court
has held that appointment as Guest
Lecturers confers no right to continue on
the post, and the engagement can be
discontinued at any time.

17. In Dr. K.K. Singh case (supra),
a Division Bench of this Court has opined
that the petitioners, who were merely
Guest Lecturers, have no right to claim
regular employment or continuation in the
college as "Guest Lecturers".

18. We are in respectful agreement
with the above decisions. The petitioners
in the present Writ Petition were merely
appointed as Guest Lecturers in the Year
1998
in
the
erstwhile
Tilakdhari
Homeopathic Medical College, Jaunpur.
After merger of the said college with Shri
Lal Bahadur Shastri Medical College,
Allahabad, the college did not find
necessity of having Guest Lecturers for
teaching the subjects which the petitioners
had been teaching, and therefore, the
petitioners were not continued as Guest
Lecturers. The petitioners have no right to
claim continuation as Guest Lecturers or
seek regular employment in Shri Lal
Bahadur
Shastri
Medical
College,
Allahabad.

19. In view of the above discussion,
the Writ Petition filed by the petitioners
lacks merits, and the same is liable to be
dismissed.

20. The Writ Petition is accordingly
dismissed.
---------
 ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 20.03.2013

BEFORE
THE HON'BLE SUDHIR AGARWAL, J.

Civil Misc. Writ Petition No. 49555 Of 2010

Vishal Gupta @ Vishwapati Madan

 ...Petitioner
Versus
Sardar Mohindar Singh and others

 ...Respondents