Case Note & Summary
The petitioners, lecturers in various departments at Shri Guru Govind Singhji Institution of Engineering and Technology, Nanded, filed writ petitions seeking regularization of their services and payment in UGC pay scales. They had rendered about 3-5 years of service at the time of filing. The college is an unaided private institution. The petitioners argued that they were entitled to regularization and UGC scales as per government policies. The State and the college opposed, contending that the college is unaided and private, and the State cannot be directed to create posts or absorb employees. The court analyzed the pleadings and found that the petitioners failed to establish any employer-employee relationship with the State or that the college receives government aid. The court held that regularization cannot be claimed as a matter of right without sanctioned posts, and UGC pay scales are not mandatory for private unaided institutions. The petitions were dismissed, and all pending civil applications were disposed of.
Headnote
A) Service Law - Regularization - Unaided Private Institution - Petitioners working as lecturers in Shri Guru Govind Singhji Institution of Engineering and Technology, Nanded, sought regularization and UGC pay scales - Court held that the college is an unaided private institution and the State cannot be directed to create posts or absorb employees without sanctioned posts - Petitioners failed to establish employer-employee relationship with the State or that the college receives government aid - Regularization cannot be claimed as a matter of right (Paras 1-10).
B) University Grants Commission - Pay Scales - Applicability to Unaided Institutions - Petitioners sought UGC pay scales - Court held that UGC pay scales are not mandatory for private unaided institutions unless they receive government aid or are bound by specific regulations - No evidence that the college is bound to follow UGC scales (Paras 3-8).
C) Constitution of India - Article 226 - Writ Jurisdiction - Employer-Employee Relationship - Petitioners sought writ against State for regularization - Court held that without establishing employer-employee relationship with the State, no writ can be issued against the State for regularization of services in a private institution (Paras 5-10).
Issue of Consideration
Whether the petitioners, working as lecturers in an unaided private engineering college, are entitled to regularization of their services and UGC pay scales, and whether the State can be directed to create posts and absorb them.
Final Decision
The petitions are dismissed. All pending civil applications are disposed of.
Law Points
- Regularization of service
- UGC pay scales
- employer-employee relationship
- unaided private institution
- deemed university
- right to regularization
- sanctioned posts
- government aid
Case Details
2022 LawText (BOM) (09) 5
WRIT PETITION NO. 4546 OF 2016 WITH CIVIL APPLICATION NO. 6661 OF 2017 AND CIVIL APPLICATION NO. 3167 OF 2021; CIVIL APPLICATION NO. 8691 OF 2017 IN WRIT PETITION NO. 4546 OF 2016; WRIT PETITION NO. 8024 OF 2017; WRIT PETITION NO. 8027 OF 2017
Mangesh S. Patil, Sandeep V. Marne
Ms. P. S. Talekar, Advocate h/f Talekar and Associates, Advocate for the Petitioners; Shri L. M. Acharya, Special Counsel for the State/Respondent Nos. 1 and 2; Shri Milind M. Joshi, Advocate for the Respondent No. 3; Shri Chaitanya V. Dharurkar, Advocate for the Respondent No. 4
Ganesh Digamber Jambhrunkar and others; Rahul Sandu Ankushe and others; Vaibhav Bapurao Aundhkar
The State of Maharashtra and others
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Nature of Litigation
Writ petitions seeking regularization of services and UGC pay scales by lecturers of an unaided private engineering college.
Remedy Sought
Petitioners sought regularization of their services, all benefits of permanency including deemed date with effect from 01 April 2016, and directions for payment in UGC pay scales.
Filing Reason
Petitioners claimed they were entitled to regularization and UGC pay scales as per government policies, but the college and State failed to regularize them.
Issues
Whether the petitioners are entitled to regularization of their services in an unaided private institution?
Whether the petitioners are entitled to UGC pay scales?
Whether the State can be directed to create posts and absorb the petitioners?
Submissions/Arguments
Petitioners argued that they have rendered 3-5 years of service and are entitled to regularization and UGC pay scales as per government policies.
Respondents (State and college) contended that the college is unaided and private, and the State cannot be directed to create posts or absorb employees without sanctioned posts.
Ratio Decidendi
Regularization of service cannot be claimed as a matter of right in an unaided private institution without sanctioned posts. UGC pay scales are not mandatory for private unaided institutions. No writ can be issued against the State for regularization of services in a private institution without establishing an employer-employee relationship with the State.
Judgment Excerpts
By present petitions, petitioners seek regularization of their services and all benefits of permanency including deemed date with effect from 01 April 2016.
The petitioners also seek directions for payment in the pay scales prescribed by the University Grant Commission.
They are working as lecturers in various departments/subjects in Shri Guru Govind Singhji Institution of Engineering and Technology, Nanded and had rendered about 3/5 years of service on the date of filing of the petitions.
Procedural History
The petitions were filed in 2016 and 2017. Civil applications were filed subsequently. The court closed the judgment on 16.09.2022 and pronounced it on 20.09.2022.
Acts & Sections
- Constitution of India: Article 226
