Case Note & Summary
The petitioner, Ramkrishna Sadashiv Jadhav, was appointed as a part-time professor at Siddhartha College of Arts, Science and Commerce, Mumbai. He filed a writ petition seeking regularisation of his service and consequential benefits. The respondents, including the State of Maharashtra, the Department of Education, the Director of Higher and Technical Education, the University of Bombay, and the college, opposed the petition. The court examined the facts and found that the petitioner was appointed on a part-time basis and there was no sanctioned post for regularisation. The court held that regularisation cannot be claimed as a matter of right without a sanctioned post and compliance with recruitment rules. The petition was dismissed, and no order as to costs.
Headnote
A) Service Law - Regularisation - Part-Time Employee - No Right to Regularisation Without Sanctioned Post - The petitioner, a part-time professor, sought regularisation of his service. The court held that regularisation cannot be claimed as a matter of right without a sanctioned post and adherence to recruitment rules. The court dismissed the petition, observing that the petitioner was appointed on a part-time basis and there was no sanctioned post for regularisation. (Paras 1-5)
Issue of Consideration
Whether a part-time professor is entitled to regularisation of service in the absence of a sanctioned post and compliance with recruitment rules.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Regularisation of service
- part-time employee
- sanctioned post
- recruitment rules
- Article 14
- Article 16
- equality
- public employment
Case Details
2006 LawText (BOM) (04) 55
Writ Petition No. 495 of 2004
F.I. Rebello, Anoop V. Mohta
Milind Sathe i/b Ms. S.Y. Mohite for petitioner, Geeta Shastri, AGP for respondents No.1 and 2, B.V. Phadnis for respondent No.4
Ramkrishna Sadashiv Jadhav
State of Maharashtra, Secretary, Department of Education, Director, Higher & Technical Education, University of Bombay, Siddhartha College of Arts, Science and Commerce
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Nature of Litigation
Writ petition seeking regularisation of service as part-time professor.
Remedy Sought
Petitioner sought regularisation of his service and consequential benefits.
Filing Reason
Petitioner was appointed as a part-time professor and sought regularisation of his service.
Issues
Whether the petitioner is entitled to regularisation of his service as a part-time professor.
Submissions/Arguments
Petitioner argued for regularisation based on length of service.
Respondents opposed, stating no sanctioned post and no right to regularisation.
Ratio Decidendi
Regularisation of service cannot be claimed as a matter of right without a sanctioned post and compliance with recruitment rules.
Judgment Excerpts
The petitioner was a part-time professor.
Regularisation cannot be claimed as a matter of right without a sanctioned post and compliance with recruitment rules.
Procedural History
The petitioner filed a writ petition before the High Court of Judicature at Bombay seeking regularisation of his service as a part-time professor. The respondents filed their replies opposing the petition. The court heard the matter and delivered judgment on 20th April 2006.
