Malvika Shekhar vs Director, Higher Education And Ors. on 29 September, 2003
The difficulty has arisen because the impugned order is passed in Civil
Miscellaneous Writ Petition No. 44332 of 2003 in the case of Malvika Shekhar Vs. Director,
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.