Case Note & Summary
The petitioner, Smt. Nirmala Hiremath, was appointed as a Librarian in the fifth respondent college, run by the fourth respondent society, on 19.07.2004. She possessed a Master Degree in Library and Information Science at the time of appointment. During her service, she acquired M.Phil and Ph.D. degrees. She has been in continuous employment since her appointment. In 2023, the fourth respondent society issued a notification dated 08.02.2023 calling for applications for various posts, including that of Librarian. The petitioner challenged this notification by filing a writ petition under Articles 226 and 227 of the Constitution of India, seeking to quash the notification insofar as it related to the post of Librarian. The court heard arguments from the petitioner's counsel, the state government pleader, and the society's counsel. The court found that the petitioner's continuous service since 2004 and her acquisition of higher qualifications made the fresh recruitment unjustified. The court quashed the notification dated 08.02.2023 only to the extent it pertained to the post of Librarian, allowing the petition.
Headnote
A) Service Law - Recruitment - Private Aided College - Continuous Employment - The petitioner was appointed as Librarian on 19.07.2004 and has been in continuous service, acquiring M.Phil and Ph.D. degrees during her tenure. The court held that the notification for fresh recruitment to the same post was unjustified and quashed it insofar as it related to the post of Librarian. (Paras 1-4) B) Service Law - Acquired Qualifications - Unfair Labour Practice - The petitioner's acquisition of higher qualifications during service strengthens her claim to continue in the post. The court held that the respondent society's action in issuing a fresh notification without considering the petitioner's long service and qualifications amounted to unfair labour practice. (Paras 3-4)
Issue of Consideration
Whether the notification dated 08.02.2023 issued by the fourth respondent society calling for applications for the post of Librarian is liable to be quashed in light of the petitioner's continuous service since 19.07.2004 and her acquisition of higher qualifications.
Final Decision
The writ petition is allowed. The notification dated 08.02.2023 issued by the fourth respondent society is quashed insofar as it relates to the post of Librarian.
Law Points
- Service Law
- Recruitment
- Private Aided College
- Continuous Employment
- Acquired Qualifications
- Unfair Labour Practice
