Case Note & Summary
The judgment concerns two writ petitions arising from an order of the University and College Tribunal, Aurangabad, in Appeal No. BAMU-02/2013. The Hindustan Education Society, a minority institution, runs Sharadchandra Mahavidyalaya. Dr. Mrs. Asha Dagdu Akolkar was appointed as a lecturer in Public Administration for the academic year 2002-2003 without the requisite NET/SET or Ph.D. qualification. She was appointed on a year-to-year basis. Subsequently, the institution terminated her services. Dr. Akolkar appealed to the University Tribunal, which allowed her appeal and directed her reinstatement with continuity of service and back wages. The institution and Dr. Akolkar both filed writ petitions challenging the Tribunal's order. The High Court examined the facts and legal provisions. The court noted that Dr. Akolkar did not possess the required qualifications at the time of appointment, making her appointment invalid. However, the court held that she was entitled to salary for the period she actually worked. The court also held that the Tribunal had jurisdiction to entertain the appeal. The court modified the Tribunal's order, setting aside the direction for reinstatement and back wages, but directing the institution to pay Dr. Akolkar salary for the period she worked. The court emphasized that minority institutions must comply with University regulations regarding qualifications for appointment.
Headnote
A) University Law - Jurisdiction of University Tribunal - Appeal against termination - Sections 82, 83 Maharashtra Universities Act, 1994 - The Tribunal has jurisdiction to entertain an appeal against termination of a lecturer appointed by a minority institution, as the appointment was made without following the prescribed qualifications and procedure. (Paras 1-10)
B) Service Law - Appointment without requisite qualifications - Validity - Appointment of a lecturer without NET/SET or Ph.D. is invalid ab initio, but the lecturer is entitled to salary for the period she actually worked. (Paras 11-20)
C) Minority Institution - Right to administer - Appointment of ineligible candidate - The minority institution's right to administer does not extend to appointing ineligible candidates; the appointment must comply with the University's regulations. (Paras 21-30)
Issue of Consideration
Whether the University and College Tribunal had jurisdiction to entertain an appeal against the termination of a lecturer appointed without requisite qualifications, and whether the lecturer was entitled to reinstatement and salary.
Final Decision
The High Court modified the Tribunal's order. It held that the appointment of Dr. Asha Akolkar without NET/SET or Ph.D. was invalid ab initio, but she was entitled to salary for the period she actually worked. The direction for reinstatement and back wages was set aside. The institution was directed to pay her salary for the period she worked.
Law Points
- Minority institution's right to administer
- appointment of ineligible candidate
- University Tribunal's jurisdiction
- reinstatement
- salary for work done
- Sections 82 and 83 of Maharashtra Universities Act
- 1994
Case Details
2022 LawText (BOM) (05) 9
Writ Petition No. 4869 of 2020 with Civil Application No. 2969 of 2022 and Writ Petition No. 1574 of 2021
Mr R.N. Dhorde, Senior Counsel i/by Mr V.R. Dhorde and Mr P.S. Dighe, Advocates for petitioner (in WP 4869/2020); Mr M.C. Syed, Advocate for Respondent Nos. 1 and 2; Mr K.M. Suryawanshi, Advocate for Respondent No. 3; Mr S.G. Sangle, AGP for respondent No. 4; Mr Rajendra Deshmukh, Senior Counsel a/w Ms Priya S. Gondhalekar i/by Mr R.B. Dhaware, Advocate for Respondent No. 5 (in WP 4869/2020). For WP 1574/2021: Mr M.C. Syed, Advocate for petitioners; Mr Rajendra Deshmukh, Senior Counsel a/w Ms Priya S. Gondhalekar i/by Mr R.B. Dhaware, Advocate for Respondent No. 1; Mr K.M. Suryawanshi, Advocate for Respondent No. 2; Mr S.G. Sangle, AGP for respondent No. 3; Mr R.N. Dhorde, Senior Counsel i/by Mr V.R. Dhorde and Mr P.S. Dighe, Advocates for Respondent No. 4.
Dr. Mrs. Asha Dagdu Akolkar (in WP 4869/2020) and Hindustan Education Society & Anr. (in WP 1574/2021)
Hindustan Education Society & Ors. (in WP 4869/2020) and Bharat Madhukarrao Nalge & Ors. (in WP 1574/2021)
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Nature of Litigation
Writ petitions challenging the order of the University and College Tribunal directing reinstatement of a lecturer appointed without requisite qualifications.
Remedy Sought
The institution sought to quash the Tribunal's order directing reinstatement and back wages; the lecturer sought enforcement of the Tribunal's order.
Filing Reason
The lecturer was terminated from service after being appointed without NET/SET or Ph.D., and the Tribunal allowed her appeal.
Previous Decisions
The University and College Tribunal, Aurangabad, in Appeal No. BAMU-02/2013, allowed the appeal and directed reinstatement with continuity and back wages.
Issues
Whether the University Tribunal had jurisdiction to entertain the appeal against termination of a lecturer appointed by a minority institution.
Whether the appointment of a lecturer without NET/SET or Ph.D. is valid.
Whether the lecturer is entitled to reinstatement and back wages.
Submissions/Arguments
The institution argued that as a minority institution, it has the right to administer and appoint teachers without interference, and the Tribunal lacked jurisdiction.
The lecturer argued that her termination was illegal and she was entitled to reinstatement with back wages as per the Tribunal's order.
Ratio Decidendi
An appointment made without the requisite qualifications is invalid ab initio, but the employee is entitled to salary for the period of actual work. The University Tribunal has jurisdiction to entertain appeals against termination even in minority institutions, but the remedy of reinstatement is not available if the appointment itself was invalid.
Judgment Excerpts
The Hindustan Education Society (petitioner No.1 in Writ Petition No. 1574/2021) is a minority institution and runs Sharadchandra Mahavidyalaya...
Dr Mrs Asha Dagadu Akolkar was appointed as a lecturer in Public Administration subject for the academic year 2002-2003. At that time, Dr Asha Akolkar was not having requisite qualification with NET/SET or Ph.D.
Procedural History
The University and College Tribunal, Aurangabad, passed an order on 09.03.2020 in Appeal No. BAMU-02/2013 allowing the appeal of Dr. Asha Akolkar and directing her reinstatement with continuity and back wages. Both the institution and Dr. Akolkar filed writ petitions challenging this order. The High Court heard both petitions together and pronounced judgment on 04.05.2022.
Acts & Sections
- Maharashtra Universities Act, 1994: 82, 83
