Neutral Citation No. - 2025:AHC:59788-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 206 of 2025 Appellant :- Dr Anil Kumar Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Prashant Kumar Counsel for Respondent :- C.S.C.,Vivek Kumar Rai Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Learned Single Judge has dismissed the claim of the writ petitioner by holding that he had no right to object to the recruitment initiated through advertisement dated 19.11.2024, whereby the applications were invited for appointment of Guest Lecturer. A cost of Rs.5,000/- has also been imposed. 2. Undisputed facts of the case are that the petitioner appellant was appointed as a Guest Lecturer in the Agra University in the year 2003. His engagement was for a period of three years which was extended from time to time and continued till the year 2015. The contractual engagement on the post of Guest Lecturer has not been extended after 2015. Certain representations were made by the appellant for regularizing his services and it transpires that a committee has also been constituted to look into his claim for regularization. Since the University had proceeded to advertise the post again for appointment of Guest Lecturer on 19.11.2024, as such, the appellant approached the Writ Court with the following prayers: I. Issue suitable writ, order or direction in the nature of certiorari quashing/holding the post of Environmental Science in the advertisement No.RW/02/2024 dated 19.11.2024 issued by Vice Chancellor, Dr. Bheemrao Ambedkar University, Agra. (Annexure No.14 to this writ petition) II. Issue suitable writ, order or direction in the nature of mandamus directing the respondents concerned to consider and decide the recommendation dated 04.07.2023 issued by respondent no.2 in case of the petitioner with regard to appointment and regularization on the post of Lecturer in subject of Environmental Science self finance school. 3. Learned Single Judge has dismissed the writ petition by observing that the appellant had not raised any grievance in respect of his non-extension/regularization since 2015 and, therefore, he has no right to object to the fresh recruitment. 4. Learned counsel for the appellant has taken the Court through various representations and the correspondence of the University, according to which claim for regularization is under consideration. Our attention has been invited to an order of University dated 04.07.2023 as per which, a four member committee has been constituted to look into the grievance of the appellant. 5. Sri Vivek Rai, representing the University although disputes the claim of the appellant but he does not object to the fact that appellant had raised a claim for continuance in employment and a committee is constituted to look into his grievance. 6. In view of the fact that appellant was pursuing his claim before the University and a committee was constituted, we cannot approve the observation and finding of the learned Single Judge that the appellant had not taken any steps for redressal of his grievance earlier. 7. Notwithstanding the above, we are not persuaded to interfere in the matter, inasmuch as, the appellant has admitted that his appointment was on the post of Guest Lecturer. His appointment was for a fixed period and has not been renewed after 2015. Conditions of service of teachers in the University is governed by the provisions of the U.P. State Universities Act, 1973 as well as Statutes of the University framed thereunder. No provision in law is shown as per which, a teacher appointed as Guest Lecturer could be regularized. Law is settled that regularization can only be, in accordance with applicable rules (see Secretary, State of Karnataka v. Uma Devi & Ors. 2006 (4) SCC 1). 9. In the absence of there being any entitlement in law in favour of the appellant to claim continuance, we are not impressed by the fact that merely because University had constituted a committee to examine the appellant's grievance, as such, University was required to await consideration of such claim before the post could be advertised for appointment of Guest Lecturer. In the absence of there being any entitlement under the Statute, we do not find that appellant has any right to either claim regularization or to object to the advertisement issued by the University for fresh appointment on the post of Guest Lecturer. If appellant is also eligible, he may also apply. However, in the facts and circumstances of the case, he is not entitled to any relief of continuance/regularization etc. No error in the action of University in re-advertising the post is pointed out for such reasons. 10. In that view of the matter, the appeal fails and is dismissed. However, the part of the order of learned Single Judge imposing a cost of Rs.5,000/- on the appellant is set aside. Order Date :- 21.4.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad