Case Note & Summary
The Petitioner, Uttam R. Patil, filed a Writ Petition under Articles 226 and 227 of the Constitution of India seeking a direction against Respondent No.3, the Joint Director of Higher Education, to accord regular approval with effect from 1st July, 1992 for his appointment as full-time lecturer in Marathi at N.K. Varadkar Art and R.V. Belose Commerce College, Dapoli, Dist. Ratnagiri. The Petitioner was selected for the post after an interview by a duly constituted Selection Committee against an open post. However, during the year 1992, the subject expert did not attend the interview, so the Selection Committee procedure was completed in the next year. The Petitioner started working from 1st July, 1992. After about three academic years, the management terminated his services on 20th April, 1995. The Petitioner filed Appeal No.24 of 1995 before the University and College Tribunal, Mumbai, which allowed the appeal on 20th June, 1996, setting aside the termination and directing the management to continue his services and pay wages due. Upon reinstatement, the Petitioner sent papers for approval of his appointment, but approval was granted only on a year-to-year basis, and no regular approval was given. The Court considered the issue of whether the Petitioner is entitled to regular approval from the date of initial appointment. The Court held that the selection relates back to the initial appointment on 1st July, 1992, and the Petitioner is entitled to regular approval from that date. The Court directed Respondent No.3 to accord regular approval with effect from 1st July, 1992 within eight weeks.
Headnote
A) Service Law - Regular Approval of Appointment - Selection Committee Procedure - The Petitioner was appointed as lecturer on 1st July, 1992 but the Selection Committee procedure was completed in the next year due to non-attendance of subject expert. The Court held that the selection relates back to the initial appointment and the Petitioner is entitled to regular approval from 1st July, 1992. (Paras 4, 10) B) Service Law - Termination and Reinstatement - University and College Tribunal - The Petitioner's termination on 20th April, 1995 was set aside by the University and College Tribunal, Mumbai on 20th June, 1996, and the management was directed to continue his services. The Court held that the Petitioner is entitled to regular approval from the date of initial appointment, and the approval granted on year-to-year basis is not sufficient. (Paras 4-5, 10) C) Service Law - Direction to Respondent No.3 - Joint Director of Higher Education - The Court directed Respondent No.3 to accord regular approval to the Petitioner's appointment as full-time lecturer in Marathi with effect from 1st July, 1992, within a period of eight weeks from the date of the judgment. (Para 10)
Issue of Consideration
Whether the Petitioner is entitled to regular approval of his appointment as full-time lecturer in Marathi from the date of his initial appointment i.e. 1st July, 1992, despite the Selection Committee procedure being completed in the subsequent year?
Final Decision
The Court directed Respondent No.3 to accord regular approval with effect from 1st July, 1992 for the appointment of the Petitioner as full-time lecturer in Marathi in the said College within a period of eight weeks from the date of the judgment.
Law Points
- Regular approval of appointment
- Selection Committee procedure
- University and College Tribunal order
- Maharashtra Universities Act
- 1994
- Article 226 and 227 of Constitution of India
