Summarize the following court judgment. Civil Appeal No.1779 of 1991. From the Judgment and Order dated 10 4 1990 of the Bombay High Court in W.P.No.1944 of 1987. M.C.Bhandare	 CPU Nair	 Ms. Kamini Lao and M.N.Shroff for the Appellants. V.N.Ganpule	 S.K.Agnihotri	 A.S.Bhasme and Ms. H.Wahi for the Respondents. The Judgment of the Court was delivered by Sawant	J. Leave granted. Appellant No.1 is a Trust which runs and manages an Ayurveda College in Bombay. Appellant No.2	 is the Principal of the College. There was a vacancy in the post of a lecturer in Sanskrit for the academic year 1983 84 which was admittedly reserved for a candidate from the backward classes. The Ist respondent had applied for the said post on 19th September	 1983 even before the appellant Trust had invited applications by advertising the vacancy as it was required 286 to do. Subsequently	 on October 13	 1983	 the appellant Trust issued an advertisement inviting applications for the post without mentioning for which academic year the appointment was to be made. The parties before us agree that it was for the academic year 1983 84. In the advertisement	 it was specifically mentioned that the post was reserved for a backward class candidate and if no suitable candidate from the backward classes was available	 a candidate from the non backward classes may be appointed for an year. It appears that within a month thereafter on the 12th November	 1983	 a second advertisement was issued repeating the earlier advertisement. No application was received from any candidate from the backward classes in response even to this advertisement	 and hence	 the Ist respondent who had already applied as stated earlier	 was appointed to the said post for the period from March 19	 1984 till April 30	 1984. The total period of service put in by the Ist respondent for the said academic year was 41 days. On April 28	 1984	 the appellant Trust issued an advertisement for the same post repeating the contents of the earlier advertisement	 but for the academic year 1984 85. The applications were invited by 30th April	 1984. No candidate from the backward classes applied in response to the said advertisement. The interview was held on June 30	 1984 and the Ist respondent was appointed for the period from 21st August	 1984 to 19th April	 1985. In the third academic year 1985 86	 admittedly no advertisement was issued and no applications from the candidates including candidates from the backward classes were invited. However	 the Ist respondent was appointed to the post from July 10	 1985 to April 30	 1986. Thereafter the Ist respondent 's services were terminated w.e.f. 30th April	 1986 by a notice dated March 12	 1986. No appointment was made to the said post for the academic year 1986 87. On May 1	1987	 the Trust issued advertisement inviting applications to the said post from candidates belonging to all classes since	 according to the Trust	 the post was dereserved during the said period. Three candidates belonging to the non backward classes including the Ist respondent and the 5th respondent applied for the post and the 5th respondent was selected and appointed to the same. It appears that the Ist respondent was not paid salary for the summer vacations following the academic years 1984 85 and 1985 86. She was also not paid salary from November 1985 to April 1986. She approached the College Tribunal praying for salary for (i) November 1985 to April 1986	 and (ii) for the summer vacations following 287 academic years 1984 85 and 1985 86	 i.e.	 for the months of May and part of June 1985	 and May and part of June 1986	 and (iii) for setting aside her termination of service and for reinstatement. The Tribunal allowed her claim for the salary for the relevant periods	 but dismissed her claim for reinstatement holding that her appointment was purely temporary and her claim that she should be deemed to have been confirmed because she had served for two academic years was not established in the circumstances of the case. This decision was delivered by the Tribunal on December 9	 1986. As stated earlier	 during the academic year 1986 87	 no appointment was made to the said post and it was subsequent to this decision that an advertisement was issued calling for applications from candidates belonging to all classes and 5th respondent was appointment to the said post. Against the decision of the Tribunal the Ist respondent approached the High Court under Article 226 of the Constitution	 and the High Court held that notwithstanding the break in her actual appointment	 she was continuously in employment from March 19	 1984 to April 30	 1986. She was	 therefore	 entitled to the benefit of the resolutions of the State Government and the University of Bombay dated September 29	 1986 and February 27	 1987 respectively which	 according to the High Court	 laid down that an employee who was appointed for two consecutive academic years must be deemed to have been on probation right from the time of the first appointment and	 therefore	 confirmed in the post. The High Court	 therefore	 allowed her petition and directed the appellants to reinstate her forthwith in the post and also to treat her as if she had been in continuous employment from March 19	 1984 with the benefit of full back wages	 seniority etc. The High Court also directed the University	 the Director of Ayurveda	 Maharashtra and the State of Maharashtra who were respondents 3	4 and 5 respectively to the petition	 and who are respondents 2	3 and 4 to the present appeal respectively	 to make appropriate sanctions including grant of money	 if necessary. The High Court further granted cost and directed compliance with the orders by the appellants within six weeks from the date of its order	 which is April 10	 1990. Although various contentions have been raised we find that it is not necessary to go into them. According to us the appellant Trust has violated the directions of the Government as well as of the University in the appointments in question in two major respects	 as a result of which neither the appointment of the Ist respondent nor that of the 5th respondent can be said to have been validly made. Unfortunately	 these aspects of the matter which are evident from the record 288 were lost sight of both by the Tribunal and the High Court. The result has been that the illegalities which are patent on the face of the record have been perpetuated. The Government of Maharashtra had issued a Govt. resolution No. 1177/129387/XXXII (CELL) on October 25	 1977 prescribing conditions of service as shown in Appendix III to the resolution. By a further resolution of April 3	 1978	 Government made it clear that the revised scales of pay which were sanctioned by the resolution of October 25	 1977 could be implemented only after statutes had been duly made by the University. Since the making of the statutes was to take some time and the revised scales of pay recommended of the University Grants Commission were to be effective from January 1	 1973 as laid down in the GR of October 25	 1977	 the Vice Chancellor exercised his powers conferred upon him under Section 11(6)(b) of the Bombay University Act 1974 (hereinafter referred to as the "Act") and issued his direction No.192 of 1978 on 7th June	 1978. This direction	 among other things	 laid down the mode of recruitment of the teachers and principals	 as follows: "Futuer recruitment to posts of Teachers and Principals of colleges shall be made through a Selection Committee	 the composition of which is specified in the terms and conditions (Appendix II)." Appendix II states as follows: " Terms and conditions attached to the revised scales of pay. (i) x x x x x x x x (ii) All appointments of teachers in colleges shall be made on merit and on the basis of all India advertisement. The qualifications prescribed for the posts should essentially be related to the academic attainment in the subject concerned and should not be linked with language or other regional consideration. Appointment should not be made on communal or caste consideration. The constitution of Selection Committee for recruitment to the posts of lectures in a college should be as follows: (a) Chairman	 Governing Body of the College or his nominee; 289 (b) a nominee of the Vice Chancellor. (c) one expert to be nominated by the University. (d) one nominee of the Director of Education (Higher Education). (e) Principal of the college; and (f) Head of the Department concerned of the college. No selection shall be considered valid unless at least one expert is present. The recommendations of the Selections Committee shall be subject to the approval of the Vice Chancellor. * * * * * * * * (Emphasis Supplied) 8. The effect of the aforesaid government resolutions and the University directions is (a) that all appointment of teachers in colleges have to be made on merit and on the basis of all India advertisement;(b) that the appointments have to be made by a Selection Committee which consists	 among others	 of nominee of the Vice Chancellor	 an expert to be nominated by the University and a nominee of the Director of Education (Higher Education). No selection will be considered valid unless at least one expert is present for the selection. Admittedly	 the selection of the 5th respondent was made by a committee where neither the nominee of the Vice Chancellor nor the expert nominated by the University nor the nominee of the Director of Education (Higher Education)	 i.e.	 in the present case of the Director of Ayurveda was present. The selection so made was	 therefore	 not valid. Shri Bhandare	 the learned counsel for the appellant Trust Pointed out to us the letter of June 6	 1989 sent by the University of Bombay according approval to the appointment of the 5th respondent as a lecturer in Sanskrit on probation from 2nd July	 1987 and contended that in view of the said approval the invalidity of the appointment	 if any	 on account of the absence of the expert in the Selection Committee	 should be deemed to have been condoned. We are not impressed by this contention. In the first instance	 there is nothing on record to show whether when the appellant Trust forwarded its report on appointment of the 5th respondent	 the Trust had apprised the 290 University of the absence of the expert at the time of his selection. Secondly	 the University has not reserved the power to relax the rule and permit selection without the presence of the expert. There is nothing in the University 's letter to show why the University had condoned the absence of the expert. It is	 therefore	 obvious that the approval given by the University being in ignorance of the true state of affairs and in breach of the rule is legally ineffective and cannot validate the appointment. There is further a common illegality in the appointment of both the 1st and the 5th respondent which arises on account of the failure to follow the Government Resolutions and University directions in the matter of reservation of the seats for the backward classes	 which are binding on the College. On 30th March 1981	 the Government of Maharashtra passed a resolution in exercise of the powers conferred on it under sub Section (2) of Section 77 C of the Act issuing instruction to all the non agricultural Universities in regard to the reservation of posts to be made in favour of Scheduled Castes and Scheduled Tribes while making appointments to teaching and non teaching posts in the University affiliated colleges and recognized institutions. The reservation prescribed was as follows: (1) Scheduled Castes 13 p.c. (2) Scheduled Tribes 7 p.c. (3) Nomadic Tribes & Vimukta Jatis 4 p.c. Total 24 p.c. That resolution further says that the various orders contained in the booklet "Reservation and other concessions in Government service for backward classes" will be applicable for recruitment to the teaching and non teaching posts reserved for backward classes in the University and the affiliated colleges and recognized institutions subject to the following modifications in regard to recruitment to the teaching posts. The modifications	 among other things	 were as follows: "Similarly	 at any given time of recruitment to the teaching posts	 only the total number of reserved vacancies and the sections from which they are to be filled in should be 291 determined. It would be enough if the require percentage is fulfilled as a whole and not with reference to any particular post. If the reserved vacancies cannot be filled	 then so many posts as cannot be filled in may be kept vacant for six months and should be again advertised thrice. Even after readvertising the posts 3 times if suitable candidates belonging to backward classes do not become available	 they may be filled in by candidate belonging to the open category." "For giving effect to the aforesaid instructions	 it will be necessary for the Universities to make statutes under Section 77C(1) under their respective Universities Acts of 1974. For ensuring immediate implementation	 the Vice Chancellors of the Universities	 under clause (b) of Section 11(6) of the respective Universities Act of 1974. " (Emphasis supplied) 12. By its subsequent resolution of October 20	 1983	 the Government of Maharashtra clarified its earlier resolution of March 30	 1981 and stated as follows: "1. x x x x x x x x 2. After reconsideration of the above decision	 it is now directed that if suitable candidates cannot be found to fill posts reserved for backward classes in Universities	 affiliated colleges and recognized institutions	 those posts should be temporarily filled with candidates belonging to non backward classes for one academic year. But as mentioned in the resolution the appointment of a non backward class candidate to a reserved vacancy should be made only in the event of failure to find a backward class candidate even after the post has been advertised thrice. x x x x x x x x" (Emphasis supplied) 13. Thereafter a further resolution was issued by the Government on September 29	1986 on the subject stating therein that it had come to the notice of the Government that some institutions had not 292 implemented the instructions contained in the earlier resolutions of March 30	 1981 and of October 30	 1983. The Government therefore directed that the said directions should be implemented strictly. This resolution further directed that the non backward class candidates who were being repented for the second and third academic years when backward class candidates were not found for appointment for the first academic year	 should not be called for interview every year and that the candidates belonging to the non backward classes should be appointed for the second and third academic year also	 without calling them for interview. It is further stated in the said resolution that	 similarly	 as soon as the reserved post is dereserved	 the appointed candidate should be confirmed in that post from the date of dereservation subject to all other terms and conditions. It was also directed that necessary statutes should be made by the University in accordance with the provisions of the Act and for ensuring immediate implementation	 the vice Chancellor should issue directions under clause (b) of Section 11(6) of the Act. Pursuant to the said resolution of the Government	 the Vice Chancellor of the University issued direction on March 11	 1987 as follows: "x x x x x x x (1) That the reserved teaching post which is filled in by appointment of a suitable non backward class candidate in the first year by following the prescribed procedure of selection shall be advertised again for the second and third years for inviting applications only from persons belonging to Scheduled Castes	 Scheduled Tribes	 Denotified Tribes and Nomadic Tribes. However	 applications may also be invited from persons belonging to non backward class if the suitable non backward class candidate already appointed in the first year is not available for reappointment in the second or third year and or his services are required to be terminated on account of unsatisfactory performance of work in the first year; (2) That if in the second year	 in response to the advertisement	 a backward class candidate is not available	 then the suitable non backward class candidate already appointed in the reserved post shall not be required to appear for interview before the Selection Committee again for the second 293 and: or third year (s) but that he shall be reappointed in the reserved post	 if he is available for reappointment; (3) That if in response to the third advertisement in the third year	 no application is received for the reserved post from candidates belonging to SC	 ST	 DT	 or NT	 the college authorities shall start the process of dereservation of the reserved post. After the process of dereservation of the post is completed	 the appointment of non backward class teacher shall be deemed to be on probation with retrospective effect from the date of his initial appointment if he has held continuous appointment for two years in the college or in any other college under the same management	 and that his appointment shall be confirmed from the dates of completion of two years of continuous appointment. The aforesaid direction shall come into force with retrospective effective from the date of the Maharashtras Government Resolution	 that is	 of 29 9 1986	 which means that non backward class teacher who is eligible to get the benefit of the above direction shall be confirmed in his post with effect from 29 9 1986 or from any later date on which he may become eligible for confirmation in accordance with the aforesaid directions. x x x x x x x x x" (Emphasis supplied) 14. According to these Government resolutions and University directions (a) whenever a post is reserved to be filled in by the candidates from the backward classes	 the post is to be advertise thrice within 6 months in each academic year. The post is to be kept vacant for the said months 6 months if no suitable candidate from the backward classes is available; (b) the post is to be filled in temporarily for one academic year by a non backward class candidate only after the three advertisements have been given as above; (c) the aforesaid process is to be repeated for two more academic years; (c) the candidate from the non backward classes appointed temporarily in the first academic	 year for want of a backward class candidate	 is to be continued as a temporary appointee for the next two academic years without being interviewed afresh for the next two years; (d) if in spite of the third advertisement in the third academic year	 no application is received from a backward class candidate	 the College authorities are free to 294 start the process of dereservation of the reserved post; (e) after the process of dereservation of the post is completed	 the appointment of non backward class teacher will be deemed to be on probation with retrospective effect from the date of his initial appointment and he shall be confirmed in the post on his completing two years of his continuous service. Admittedly	 as pointed out earlier	 the post was reserved for the academic year 1983 84. The Trust had not given three advertisements within six months for any of the academic years 1983 84	 1984 85 and 1985 86. On the other hand for the academic year 1983 84	 it issued only two advertisements	 viz.	 on October 30	 1983 and November 12	 1983. It is not known as to why even two advertisements were not issued at the beginning of the said academic year. The academic year admittedly begins from June. May that be	 as it is. As regards the second academic year 1984 85	 it issued only one advertisement and that was on April 28	 1984. It did not issue any advertisement for the academic year 1985 86. The initial appointment of the 1st respondent for the academic year 1983 84 and her continuation for the subsequent academic years	 viz.	 1984 85 and 1985 86 was thus in breach of the Government resolutions and the University directions and	 therefore	 illegal. Similarly	 since the appointment of the 5th respondent was made without fallowing the procedure prior to dereservation	 viz.	 three advertisements repeated every year for all the three academic years for which the post was to be reserved	 his appointment to the post	 as if the post stood legally dereserved was also illegal since in the facts and circumstances of the case	 it is obvious that the post could not have been dereserved to make it available for non backward class candidate. Shri Bhandare	 however	 contended that in the meanwhile the appellant Trust had taken steps to shift the reservation from the post of a lecturer in Sanskrit to the post of lecturer in Sanhita. The Trust had written a letter on July 2	 1986 for the purpose to the Directorate had by its letter of July 11	 1986 accorded the sanction. It may	 however	 be pointed out the representation made by the lecturer in Sanskrit to the post of lecturer in Sanhita had proceeded on the basis that the Trust had made efforts to fill in the said post from the candidates of the backward classes as required by the Government resolutions and the University directions. As pointed out above	 the Trust had not made the efforts as required by the said resolutions and directions. It had not issued the advertisements 295 as it was required to do. The sanction was obtained and granted obviously on the basis of inadequate information. The sanction was	 therefore	 defective in law. The High Court unfortunately did not notice these infirmities in the appointment of either of the respondents. Shri Ganpule	 the learned counsel appearing for the 1st respondent contended that since the 1st respondent was appointed in the first academic year	 viz.	 1983 84 and continued for the next two academic years	 viz.	 1984 85 and 1985 86 she was entitled to the benefit of the directions of the University contained in Circular No. 98 of 1987 dated March 11	1987 which had stated that if the non backward class teacher is on probation continuously for two years he would be deemed to be on probation with retrospective effect from the date of ;his initial appointment. Although the services of the 1st respondent were terminated w.e.f. April 30	 1986	 since she was entitled to the benefit of the vacation salary following the academic year 1985 86 she would be deemed to be in service after the completion of the vacation and	 therefore	 she may be said to be in service on September 29	 1986 from which date the said University direction was to be effective. The contention proceeds on the footing that her initial appointment and the continuation of service for the next two academic years was valid. We have already pointed out above that they cannot be considered to be valid. However	 assuming that her initial appointment and subsequent continuation of service was valid	 she would not be entitled to the b benefit of the University Direction of March 11	 1987 because her entitlement to the vacation salary does not extend her period of employment up to the end of the vacation. That is a perquisite which is conferred on every teacher who has served during the academic year. It has no connection with the continuation of the employment since even those teachers whose services are validly terminated before the beginning of the vacation period are given the benefit of the salary of the vacation period. Statute 424 of the University which is reproduced as Annexure 'C ' to the petition makes this position clear. The argument	 therefore	 has no merit. In the view we have taken the appointments of both 1st and the 5th respondents were not valid. The post was reserved for the academic year 1983 84. We are now at the end of the academic year 1990 91 A fresh appointment	 therefore	 will have to be made for the academic year 1991 92. In the meanwhile	 several events have occurred. The appointment of the 1st 296 respondent has already been terminated w.e.f. April 30	 1986. The 5th respondent has been in service from July 2	 1987. We are informed across the bar that today he has become overaged. The 1st respondent was overaged even at the time of her initial appointment. Although the advertisemently had stated that the candidate should not be above 32 years	 at the time of her initial appointment itself	 she was about 40 years old. The advertisement had also not l;mentioned anywhere that the age was relaxable. But that is a matter of history. In the meanwhile. as pointed out above	 on incomplete information	 the Directorate of Ayurveda has allowed the appellant Trust to shift the reservation from the post to the post of a lecturer in Sanhita. Taking into account all the facts and circumstances	 we are of the view that an opportunity should be given to the appellant Trust to cure the illegalities. While	 therefore	 we maintain the order of Tribunal and set aside the order of the High Court	 we direct the appellant Trust to advertise the post three times sufficient in advance and in any case within six months from the close of the present academic year	 viz. 	1990 91 as a post reserved for the backward class candidate	 and if no application is received from a suitable backward class candidate	 the post will be deemed to have been dereserved. The Trust will then proceed to fill in the same by a candidate belonging to non backward classes. This fact may be made clear in all the three advertisements. The 5th respondent will be entitled to apply for the post notwithstanding the fact that he has by this time become overaged. If he is selected on the basis of his other qualifications	 the Selection Committee shall relax in his favour the condition with regard to the maximum age. If he is appointed to the post	 his appointment will be a fresh one and his past service will not count for the probation period. The Trust shall for the purpose constitute a proper Selection Committee according to the rules. The appeal is allowed accordingly. The parties will bear their own costs. Before parting with this appeal	 we must observe that our decision has proceeded on the basis of the Government resolutions and University directions placed before us. The resolutions and directions as pointed out above require that the posts reserved for backward class candidates should be kept vacant for six months and it is only after the third advertisement during the said six months in each academic year that they should be filled in by candidates belonging to 297 the non backward classes if suitable candidate from backward classes are not available. Literally interpreted	 it would mean that in each academic year	 there will be no teacher for the first six months	 if the process of advertisement is to begin at the commencement of the academic year. This is bound to cause hardship to the students. It is	 therefore	 incumbent upon the institutions concerned to advertise the posts thrice within six months well before each academic year begins. Since in the present case the academic year begins in June	 the process of advertisement must begin in December of the preceding year. This should be the normal practice. An exception has to be made in the present case because the decision is being given today. To overcome the hardship to the decision is being given today. To overcome the hardship to the students	 we would recommend that the 5th respondent may be permitted to teach as a purely temporary teacher during the period that the process is not completed for the academic year 1991 92. However	 the appellant Trust will take steps within two weeks from the receipt of this order to start the process of advertisement as directed above. G.N. Appeal allowed.

For the academic year 1983 84	 there was a vacancy for the post of Lecturer in Sanskrit	 in the College managed by the appellant Trust. The said post was reserved for candidate from backward classes. The first Respondent	 not belonging to any backward class	 applied for the post	 even before the appellant Trust issued an advertisement. An advertisement was issued later without mentioning the academic year for which the appointment was to be made	 though admittedly it was for the academic year 1983 84. The advertisement specifically stated that the post was reserved for a backward class candidate and if no such candidate was available	 a candidate from the non backward classes may be appointed for one year. Within a month	 the advertisement was repeated and yet no application was received from any candidate from backward classes. Hence the appellant trust appointed the First Respondent	 who had earlier applied	 from 19.3.84 till 30.4.1984. Again	 an advertisement was issued in 1984 for the academic year 1984 85. And there was no response from any candidate belonging to backward classes. The First Respondent was interviewed and appointed for one year	 till 19.4.1985. For the academic year 1985 86	 no advertisement was issued. The First Respondent was again appointment to the said post from July 10	 1985 to April 30	 1986. Thereafter her services were terminated after issue of notice. No appointment was made to the said post for the academic year 1986 87. However	 on 1.5.1987	 an advertisement was issued inviting applications for the said post from candidates belonging to all classes	 283 dereserving the post. Respondents 1 and 5 and another candidate	 all belonging to non backward classes applied. The 5th Respondent was selected and appointed to the said post. Thereafter	 in respect of non payment of salary for certain period and for setting aside her termination order	 the First Respondent approached the College Tribunal. The Tribunal allowed her claim for salary for the relevant periods	 but dismissed her claim for reinstatement	 holding that her appointment was purely temporary and her claim that she should be deemed to have been confirmed because she had served for two academic years was not established in the circumstances of the case. Against the Tribunal 's decision	 the First Respondent approached the High Court by way of a Writ Petition. The High Court allowed the Writ Petition holding that notwithstanding the break in her actual appointment	 she was continuously in employment from March 19	 1984 to April 30	 1986	 and hence entitled to the benefit of the resolutions of the State Government and the University directions which	 according to the High Court	 laid down that an employee who was appointed for two consecutive academic years must be deemed to have been on probation right from the time of the first appointment and	 therefore	 she should be confirmed in the post. The benefit of full back wages	 seniority etc. was also ordered. Aggrieved by the Judgment of the High Court	 the appellants preferred the present appeal	 by special leave. Allowing the appeal	 this Court	 HELD: 1. The appellant Trust had violated the directions of the Government as well as of the University in the appointments in question as a result of which neither the appointment of the 1st respondent nor that of the 5th respondent can be said to have been validly made. Both the appointments were made without following the Government Resolutions and the University directions in the matter of reservation of seats for backward classes which are binding on the college. Unfortunately	 these aspects of the matter which are evident from the record were lost sight of both by the Tribunal and the High Court. [287G H;288A] 2.1. Admittedly	 the selection of the 5th respondent was made by a committee where neither the nominee of the Vice Chancellor nor the expert nominated by the University nor the nominee of the Director of 284 Education (Higher Education)	 i.e.	 the Director of Ayurveda	 was present. The selection so made was	 therefore	 not valid. [289F] 2.2 There is nothing on record to show that when the appellant Trust forwarded its report on appointment of the 5th respondent	 it apprised the University of the absence of the expert at the time of his selection. The University has not reserved the power to relax the rule and permit selection without the presence of the expert. There is nothing in the University 's letter to show why the University had condoned the absence of the expert. The approval given by the University being in ignorance of the true state of affairs and in breach of the rule	 is legally ineffective and cannot validate the appointment. [289H	290A B] 3. Admittedly	 the post was reserved for the academic year 1983 84. The Trust had not given three advertisements within six months for any of the academic years 1983 84	 1984 85 and 1985 86. On the other hand	 for the academic year 1983 84	 it issued only two advertisements. It is not known as to why even these two advertisements were not issued at the beginning of the said academic year. As regards the second academic year 1984 85	 it issued only one advertisement	 and no advertisement was issued for the academic year 1985 86. The initial appointment of the Ist respondent for the academic year 1983 84 and her continuation for the subsequent academic years	 viz.	 1984 85 and 1985 86 was thus in breach of the Government resolutions and the University direction and	 therefore	 illegal. Similarly	 since the appointment of the 5th respondent was made without following the procedure prior to dereservation	 viz.	 three advertisements repeated every year for all the three academic years for which the post was to be reserved	 his appointment to the post	 as if the post stood legally dereserved	 was also illegal since the post could not have been dereserved to make it available for a non backward class candidate.[294B E] 4. Even assuming that her initial appointment and subsequent continuation of service was valid	 the First Respondent would not be entitled to the benefit of the University direction of March 11	 1987 because her entitlement to the vacation salary does not extend her period of employment up to the end of the vacation. That is a perquisite which is conferred on every teacher who has served during the academic year. It has no connection with the continuation of the employment since even those teachers whose services are validly terminated before the beginning of the vacation period are given the benefit of the salary of the vacation period. [295E F] 285 5. The appellant Trust shall advertise the post three times sufficiently in advance and in any case within six months from the close of the present academic year	 viz.	 1990 1991 as a post reserved for the backward class candidate	 and if no application is received from a suitable backward class candidate	 the post will be deemed to have been dereserved. The Trust will then proceed to fill in the same by a candidate belonging to non backward classes. This fact may be made clear in all the three advertisements. The 5th respondent will be entitled to apply for the post notwithstanding the fact that he has become overaged. If he is selected on the basis of his other qualifications	 the Selection Committee shall relax in his favour the condition with regard to the maximum age. If he is appointed to the post	 his appointment will be a fresh one and his past service will not count for the probation period. The Trust shall constitute a proper Selection Committee according to the rules. [296D F] 6. To overcome the hardship to the students	 the 5th respondent may be permitted to teach as a purely temporary teacher till the process is completed for the academic year 1991 92. [297C]