Case Note & Summary
The petitioner, Mrs. Deepa Gourang Murdeshwar Katre, was appointed as a Lecturer in English at Kedarnath Malhotra College of Commerce on 22nd November 1993 on an ad-hoc basis against a post reserved for backward class candidates. She continued in service until the filing of the petition. The college advertised the post every year, but due to non-availability of backward class candidates, the petitioner was reappointed annually. The petitioner sought de-reservation of the post and regularisation of her services, apprehending that a third party would be appointed and her services terminated. The High Court of Bombay, in its judgment dated 13th April 2005, considered the facts and the University's affidavit which stated that the State Government had decided to de-reserve the post of Lecturer in English. The court noted that the vacancy existed since 1993 and that the petitioner had been continuously serving. The court allowed the petition, directing the respondents to de-reserve the post and regularise the petitioner's services, thereby protecting her from termination.
Headnote
A) Service Law - De-reservation of Post - Continuous Ad-hoc Appointment - Petitioner appointed as Lecturer on ad-hoc basis against a reserved post from 1993 - Post remained unfilled by backward class candidates - Court directed de-reservation and regularisation - Held that where a reserved post remains vacant for years due to non-availability of candidates, it must be de-reserved and the ad-hoc appointee is entitled to regularisation (Paras 1-2).
Issue of Consideration
Whether the petitioner, appointed on ad-hoc basis against a reserved post for backward class candidates, is entitled to de-reservation of the post and regularisation of her services after continuous service since 1993.
Final Decision
The court allowed the writ petition and directed the respondents to de-reserve the post of Lecturer in English and regularise the services of the petitioner.
Law Points
- De-reservation of reserved post
- regularisation of ad-hoc employee
- continuous service
- University Grants Commission regulations
- Maharashtra University Act
Case Details
2005 LawText (BOM) (04) 232
Writ Petition No.1914 of 1999
F.I. Rebello, S.P. Kukday
Ms. S.V. Deshpande for Petitioner, Mrs. S.S. Bhende, A.G.P. for Respondent No.4, Mr. J.M. Chandankar for Respondent No.1, Mr. R.A. Rodrigues with Mr. B.V. Phadnis for Respondent No.3
Mrs. Deepa Gourang Murdeshwar Katre
The Principal, Vadyavardhini Annasaheb Vartak College of Arts, Kedarnath Malhotra College of Commerce, E.S. Andrades College of Science; The Secretary, Vidyavardhini; University of Bombay; The State of Maharashtra
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Nature of Litigation
Writ petition seeking de-reservation of a reserved post and regularisation of services of an ad-hoc lecturer.
Remedy Sought
Petitioner sought de-reservation of the post of Lecturer in English and regularisation of her services.
Filing Reason
Petitioner apprehended termination of her services as the college advertised the reserved post every year and she feared appointment of a third party.
Previous Decisions
Rule was granted and interim relief restraining the college from advertising the post was issued.
Issues
Whether the petitioner is entitled to de-reservation of the post of Lecturer in English.
Whether the petitioner is entitled to regularisation of her services.
Submissions/Arguments
Petitioner argued that the post was reserved for backward class candidates but no such candidate was available, and she had been continuously working since 1993.
University submitted that the State Government had decided to de-reserve the post.
Ratio Decidendi
Where a reserved post remains vacant for a long period due to non-availability of backward class candidates, the post must be de-reserved and the ad-hoc appointee who has continuously served is entitled to regularisation.
Judgment Excerpts
Petitioner was appointed in the Kedarnath College of Commerce as a Lecturer on 22nd November, 1993 and was so working till the time the Petition was filed.
The State Government has taken decision to deserve the post of Lecturer in English.
Procedural History
Writ Petition No.1914 of 1999 filed in Bombay High Court; rule granted with interim relief restraining advertisement; University filed affidavit on 9th August 2000; judgment delivered on 13th April 2005.
Acts & Sections
- Maharashtra University Act:
