Case Note & Summary
The petitioner, Dr. Nitin Chintaman Kongre, was appointed as a part-time lecturer in Chemistry at Jawaharlal Nehru College of Arts, Commerce and Science, Wadi, Nagpur (respondent No.4) on 4th December 1999 and joined on 7th December 1999. The Vice-Chancellor granted approval to his appointment as part-time lecturer on adhoc basis from academic session 1999-2000 subject to conditions of Government Resolution dated 22nd December 1995, which permitted appointments of lecturers who did not fulfill the eligibility criteria of qualifying NET/SET. Subsequently, by communication dated 23rd April 2001, the Assistant Registrar informed that as workload of full-time lecturer was available in academic session 2000-2001, the petitioner's appointment was approved as full-time lecturer from the date of his appointment. It is undisputed that the petitioner has been in continuous service in the college since his appointment. The respondent No.5, Rajendra Krishnaji Wanare, was appointed as full-time lecturer in Chemistry by appointment order dated 4th (year not mentioned). The petitioner filed a nomination for election to the Board of Studies of the University, but the Returning Officer (respondent No.3) rejected his nomination on the ground that he did not have five years of service as a full-time lecturer, as required under Section 40(2)(a) of the Maharashtra Universities Act, 1994. The petitioner challenged this rejection by way of writ petition. The court observed that the petitioner's appointment was converted to full-time from the date of his initial appointment, and his continuous service from 1999 should be considered. The court held that the Returning Officer erred in rejecting the nomination and directed that the petitioner's name be included in the list of contesting candidates for the election scheduled on 25th November 2017. The petition was allowed, and rule was made absolute.
Headnote
A) University Law - Election to Board of Studies - Eligibility Criteria - Section 40(2)(a) of the Maharashtra Universities Act, 1994 - The petitioner was appointed as part-time lecturer in 1999, later converted to full-time from academic session 2000-2001. The Returning Officer rejected his nomination for election to the Board of Studies on the ground that he did not have five years of service as a full-time lecturer. The court held that the petitioner's continuous service from 1999 must be considered, and the conversion of his appointment to full-time should be given effect from the date of his initial appointment. The rejection was set aside. (Paras 1-8)
Issue of Consideration
Whether the Returning Officer was justified in rejecting the petitioner's nomination for election to the Board of Studies on the ground that he did not have five years of service as a full-time lecturer, ignoring his continuous service from 1999 and the conversion of his appointment from part-time to full-time.
Final Decision
The petition is allowed. The order of the Returning Officer rejecting the petitioner's nomination is quashed and set aside. The Returning Officer is directed to include the petitioner's name in the list of contesting candidates for the election to the Board of Studies scheduled on 25th November 2017. Rule is made absolute accordingly.
Law Points
- Eligibility for election to Board of Studies
- Continuous service as full-time lecturer
- Interpretation of part-time appointment converted to full-time
- Consideration of entire service period
Case Details
2017 LawText (BOM) (11) 154
Writ Petition No.7061/2017
Shri A.I. Sheikh for petitioner, Ms. T.H. Khan for respondent No.1, Shri P.B. Patil for respondent Nos.2 and 3, Shri S.P. Bhandarkar for respondent No.5
Dr. Nitin Chintaman Kongre
The State of Maharashtra, The Vice-Chancellor of the Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur, The Registrar Returning Officer of the Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur, Jawaharlal Nehru College of Arts, Commerce and Science, Wadi, through its Principal, Wadi, Dist Nagpur, Shri Rajendra Krishnaji Wanare
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Nature of Litigation
Writ petition challenging rejection of nomination for election to Board of Studies of a university.
Remedy Sought
The petitioner sought quashing of the order rejecting his nomination and direction to include his name in the list of contesting candidates for the election to the Board of Studies.
Filing Reason
The petitioner's nomination for election to the Board of Studies was rejected by the Returning Officer on the ground that he did not have five years of service as a full-time lecturer.
Previous Decisions
The Returning Officer rejected the petitioner's nomination. No other previous decisions mentioned.
Issues
Whether the petitioner's continuous service from 1999, including his initial appointment as part-time lecturer, should be considered for eligibility to contest election to the Board of Studies.
Whether the conversion of the petitioner's appointment from part-time to full-time from the date of initial appointment entitles him to be treated as full-time lecturer for the entire period.
Submissions/Arguments
The petitioner argued that his appointment was converted to full-time from the date of his initial appointment and he has been in continuous service since 1999, thus he fulfills the eligibility criteria.
The respondents argued that the petitioner was initially appointed as part-time lecturer and only later converted to full-time, and thus he does not have five years of service as a full-time lecturer.
Ratio Decidendi
The court held that the petitioner's continuous service from 1999, including the period when he was initially appointed as part-time lecturer, must be considered for eligibility to contest election to the Board of Studies. The conversion of his appointment to full-time from the date of initial appointment means he should be treated as full-time lecturer for the entire period. The Returning Officer erred in rejecting the nomination.
Judgment Excerpts
The petitioner was appointed by order dated 4th December, 1999 as part-time Lecturer in Chemistry.
By communication dated 23rd April, 2001, the Assistant Registrar informed that as workload of full time Lecturer was available in the academic session 2000-2001, the appointment of the petitioner was approved as full time Lecturer from the date of his appointment.
It is undisputed that the petitioner is in continuous service in the respondent No.4 college since the date of his appointment.
The Returning Officer has rejected the nomination of the petitioner on the ground that the petitioner does not have five years of service as full time Lecturer.
Procedural History
The petitioner filed a writ petition in the High Court of Judicature at Bombay, Nagpur Bench, challenging the rejection of his nomination for election to the Board of Studies. The petition was heard on 23rd November 2017 and allowed on the same day.
Acts & Sections
- Maharashtra Universities Act, 1994: Section 40(2)(a)
