The main legal point established in the judgment is the interpretation of the appointment process, regular selection, and the Tribunal's powers under Section 42(D) of the Dr. Babasaheb Ambedkar Marathwada University Act, 1974.

ORDER

1. All these three appeals have been filed against the judgment of the High Court dated 9.11.2006 by which judgment Writ Petition No. 3031 of 1994 filed by Prof. H.P. Gitte has been allowed and the Writ Petition No.5635 of 1995 filed by one Suvalal was dismissed.

2. Brief facts of the case for deciding these appeals are as under:

The respondent No. 1 - hereinafter referred to as Gitte was working in an institution, namely, Vaidhyanath College, Maharashtra State, as Lecturer. In the year 1990, the regular Principal resigned from the post of Principal and there occurred vacancy of permanent Principal. H.P.Gitte was given charge as Incharge, Principal of Vaidyanath College vide letter dated 10.1.1991. The management forwarded letter appointing him as Principal.

3. The Marathwada University vide order dated 24.1.2019 granted approval to the appointment of H.P.Gitte as Incharge, Principal of Vaidyanath College, for smooth running and day to day work of the College. The Management Committee passed a Resolution on 24.5.1993 confirming services of Gitte w.e.f. 11.1.1993 in the pay scale. When the said resolution was forwarded to the University, vide its order dated 13.7.1993, the University refused to approve the said proposal observing that Gitte was working as Incharge, Principal since he was not selected by the Selection Committee as per the procedure. Gitte continued to work as Principal Incharge.

4. On 29.12.1993 he was terminated from the post of Incharge Principal and sent to the original post of Lecturer in History. In place of Gitte, one S.S Munde was appointed as Incharge, Principal from 30.12.1993. The management forwarded the resolution to the University and vide order dated 31.12.1993, the University approved the appointment of S.S.Munde as Incharge Principal. University, however, directed that appointment of permanent Principal be made through advertisement and Selection Committee.

5. Aggrieved by the termination order, Gitte filed an appeal before the College Tribunal, Dr. Babasaheb Ambedkar Marathwada University Aurangabad. The said Appeal under Section 42 (B) (1) of Dr. Babasaheb Ambedkar Marathwada University Act, 1974 was decided by the Tribunal vide its order dated 2.9.1994.

6. The Tribunal after considering the appeal of Gitte and hearing the management came to the conclusion that termination of Gitte as Incharge Principal on 29.11.1993 was not valid. The Tribunal, however, while considering the question of grant of relief to Gitte, came to the conclusion that due to subsequent developments, Gitte cannot be reinstated on the said post. Consequently, Tribunal passed the following order awarding amount of compensation equal to six months? pay in following words.

"(a) The appeal is partly allowed and the Impugned Order dated 29.12.1993, written and/or oral, in so far as it relates to removal of the Appellant from the post of Incharge Principal and relieving him of the duties of this post with effect from 30.12.1993 is held illegal and improper and instead of directing e Appellant, his reinstatement to the said post, he is declared entitled to the amount of compensation equal to the sum of six months' pay and all other allowances of the post of Principal, as provided under Clauses (e) and (f) of Sub- Section 2 of Section of Section 42(D) of Dr. Babasaheb Ambedkar Marathwada University Act, 1974.

7. Aggrieved by the order of the Tribunal, both Gitte and Suvalal filed writ petitions in the High Court. High Court did not grant any interim order to Gitte and the writ petition remained pending for more than 11 years and was ultimately decided on 9.11.2006. High Court modified the direction of the Tribunal to the following effect:

"The petitioner shall be reinstated as Principal of the college within a period of two months. he shall be paid 50% of the difference of pay from the date of his removal/reversion i.e. 30.12.1993 till the date of his reinstatement, as may be admissible to the post of Principal from time to t