1986 (11) TMI 389

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....anuary 3, 1984, namely: (1) The adoption of the cut-off date in Section 31B of the Act as January 3, 1984 for purposes of regularisation of the services of ad hoc teachers appointed by the Management of the affiliated colleges was arbitrary and irrational and violative of Article 14 of the Constitution, inasmuch as equals have been treated unequally. It is said that all teachers appointed by the Management of the affiliated colleges before the cut-off date January 3, 1984 and after that date were similarly situate, some of them being merit scholars and other having doctorates and were therefore eligible for appointment and Section 31B which makes discrimination against a class within a class offends against Article 14 as there was no reason....

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....ces of ad hoc teachers appointed under the provisions of the two U.P. Higher Educational Services Commission (Removal of Difficulties) Orders, 1982 and 1983 which remained in operation till January 3, 1984. In view of the proviso to Section 31A, the State Government had no power to issue any fresh Removal of Difficulties Order as it was available only for a period of two years from the date of commencement of the Act. It follows that the Management of the affiliated colleges had no power after January 3, 1984 to make any ad hoc appointments under the provisions of the said Removal of Difficulties Order. Under Section 12(1) of the Act, no such appointments could be made by the Management after that date except under Section 31A i.e. where th....

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.... making such ad hoc appointments indefinitely and a line had to be drawn somewhere. The Legislature therefore adopted January 3, 1984 as the cut-off date, that being the date of expiry of the Second Removal of Difficulties Order. It became necessary to introduce Sections 31A and 31B to regularise the services of ad hoc teachers appointed prior to that date. 4. We are not impressed with the submission that there was no basis for the Legislature to have adopted a different pattern for purposes of regularisation of ad hoc teachers. The object underlying Section 3IB is to regularise the services of ad hoc teachers appointed under the Removal of Difficulties Order i.e. appointed till January 3, 1984. The Legislature therefore had to adopt tha....