Case Note & Summary
The petitioners, four Library Assistants employed by Nagpur University, filed a writ petition under Article 226 of the Constitution of India challenging a communication dated 11.08.1999 which informed them that they do not have a promotional channel to the post of Assistant University Librarian. They also challenged an advertisement dated 21.06.1999 issued by the University for direct recruitment to the post of Assistant University Librarian. The petitioners sought a direction that the post of Librarian or Assistant Librarian be treated as per Section 2(34) of the Maharashtra Universities Act, 1994, and that the government resolution dated 14.11.1995 declaring their post as non-vocational be set aside. The court noted that an interim order dated 20.04.2000 had directed that any appointment made pursuant to the advertisement would be subject to the outcome of the petition. The court examined the provisions of the Maharashtra Universities Act, 1994, particularly Section 2(34) which defines 'teaching staff' to include Librarian and Assistant Librarian. The court held that the post of Assistant University Librarian is a teaching post, and the petitioners, being Library Assistants, are non-teaching staff. Therefore, they are not entitled to promotion to a teaching post. The court also noted that the University had the right to fill the post by direct recruitment. Consequently, the petition was dismissed, and the interim orders were vacated.
Headnote
A) Service Law - Promotion - Direct Recruitment - Library Assistants seeking promotion to Assistant University Librarian - Petitioners challenged communication denying promotional channel and advertisement for direct recruitment - Court held that the post of Assistant University Librarian is a teaching post under Section 2(34) of the Maharashtra Universities Act, 1994, and petitioners being non-teaching staff are not eligible for promotion - Petition dismissed (Paras 1-10).
Issue of Consideration
Whether the petitioners, who are Library Assistants, are entitled to promotion to the post of Assistant University Librarian, and whether the University can resort to direct recruitment for that post.
Final Decision
The petition is dismissed. Interim orders stand vacated.
Law Points
- Promotion
- Direct Recruitment
- Teaching Post
- Non-Teaching Staff
- University Librarian
- Library Assistant
- Maharashtra Universities Act
- 1994
- Section 2(34)
- Article 226
- Government Resolution dated 14.11.1995
Case Details
2015 LawText (BOM) (09) 120
Writ Petition No.3470 of 1999
B.P. Dharmadhikari, P.N. Deshmukh
Mr. R.S. Parsodkar for petitioners; Mr. Atul Pande for respondent nos. 1 & 2; Mrs. Kalyani Deshpande, AGP for respondent no.3
Sudhakar Nathuji Kaple, Chandrashekhar Ramchandra Tirpude, Kum. Sulabha W. Bokade, Deepak Kapade
Vice Chancellor, Nagpur University; Nagpur University through its Registrar; State of Maharashtra through its Secretary, Department of Higher & Technical Education
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging communication denying promotional channel and advertisement for direct recruitment to the post of Assistant University Librarian.
Remedy Sought
Petitioners sought quashing of communication dated 11.08.1999 and advertisement dated 21.06.1999, and direction to treat the post of Librarian/Assistant Librarian as per Section 2(34) of Maharashtra Universities Act and not to act on government resolution dated 14.11.1995.
Filing Reason
Petitioners, Library Assistants, were informed that they have no promotional channel to the post of Assistant University Librarian, and the University issued advertisement for direct recruitment to that post.
Previous Decisions
Interim order dated 20.04.2000 directing that appointment of candidate would depend on decision of writ petition and successful candidates would not be entitled to claim equity. Similar order on 05.03.2013 in CAW 541/2013.
Issues
Whether the petitioners, being Library Assistants, are entitled to promotion to the post of Assistant University Librarian?
Whether the University can resort to direct recruitment for the post of Assistant University Librarian?
Submissions/Arguments
Petitioners argued that they are qualified and have been holding charge of Assistant Librarian, and the post should be treated as per Section 2(34) of Maharashtra Universities Act.
Respondents argued that the post of Assistant University Librarian is a teaching post and petitioners are non-teaching staff, hence not entitled to promotion.
Ratio Decidendi
The post of Assistant University Librarian is a teaching post under Section 2(34) of the Maharashtra Universities Act, 1994. Petitioners, being Library Assistants, are non-teaching staff and are not entitled to promotion to a teaching post. The University is entitled to fill the post by direct recruitment.
Judgment Excerpts
Four petitioners in the present matter invoke jurisdiction of this court under Article 226 of the Constitution of India for quashing a communication dated 11.08.1999 by which it is communicated to them that they do not have a promotional channel.
It needs to be noted that when petition was filed, there was only one advertisement i.e. advertisement dated 21.6.1999.
Procedural History
Petition filed in 1999. Interim order on 20.04.2000. Another advertisement issued on 24.03.2012. Interim order on 05.03.2013 in CAW 541/2013. Final hearing and judgment on 02/03 September 2015.
Acts & Sections
- Maharashtra Universities Act, 1994: Section 2(34)
- Constitution of India: Article 226
