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1991 Supreme(SC) 222

M.FATHIMA BEEVI, P.B.SAWANT
Ayurvidyaprasarakmandal – Appellant
Versus
Geeta Bhaskar Pendse – Respondent


Advocates:
A.S.BHASME, C.P.U.Nair, H.VAHI, Kamini Lao, M.C.BHANDARE, M.N.SHROFF, S.K.AGNIHOTRI, V.N.GANPULE

JUDGMENT

SAWANT, J.—Leave granted.

2. Appellant 1 is a Trust which runs and manages an Ayurveda College in Bombay. Appellant 2 is the Principal of the College. There was a vacancy in the post of a lecturer in Sanskrit for the academic year 1983-84 which was admittedly reserved for a candidate from the backward classes. Respondent 1 had applied for the said post on September 19, 1983 even before the appellant-Trust had invited applications by advertising the vacancy as it was required to do. Subsequently, on October 13, 1983, the appellant-Trust issued an advertisement inviting applications for the post without mentioning for which academic year the appointment was to be made. The parties before us agree that it was for the academic year 1983-84. In the advertisement, it was specifically mentioned that the post was reserved for a backward class candidate, and if no suitable candidate from the backward classes was available, a candidate from the non-backward classes may be appointed for an year. It appears that within a month thereafter on November 12,1983, a second advertisement was issued repeating the earlier advertisement. No application was received from any candidate from the ba


































































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