Vijaya Bhiku Kadam vs Mayani Bhag Shikshan Prasarak Mandal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 804

ABHAY S. OKA, SANJAY KAROL
Vijaya Bhiku Kadam – Appellant
Versus
Mayani Bhag Shikshan Prasarak Mandal – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Amol Nirmalkumar Suryawanshi, AOR Mrs. Shilpa A. Suryawanshi, Adv.
For the Respondent(s): Mr. Sandeep Sudhakar Deshmukh, AOR Mr. Nishant Sharma, Adv. Mr. Tushar D.bhelkar, Adv. Mr. Akshay Jagtap, Adv. Mr. Vinay Navare,Sr.Adv. Mr. Pravartak Pathak,Adv. Ms. Abha R. Sharma, AOR Mr. Sudhanshu S. Choudhari, AOR Mr. Mahesh P. Shinde, Adv. Ms. Rucha A. Pande, Adv. Mr. M. Veeraragavan, Adv. Mr. Sanjay Kharde, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv.

JUDGMENT

ABHAY S. OKA, J.

1. Leave granted.

FACTUAL ASPECTS

2. The issue concerns the employment of the appellant, a lecturer, with the second respondent–College which is affiliated to the fourth respondent–Shivaji University, Kolhapur, Maharashtra.

3. The appellant has done M.A. in English and by the year 1992, she had acquired the qualification of PhD. The second respondent–College was established in the Academic Year 19911992. On an application made by the appellant, by the order dated 15th September 1992, the second respondent College appointed the appellant as a part-time lecturer in English for the Academic Year 19921993. The first respondent-Society runs the second respondent-College. The fourth respondent–University approved the said appointment.

4. On 5th July 1993, an advertisement (the first advertisement) was published by the first respondent for inviting applications to the posts of fulltime lecturer. In the said advertisement, two posts were advertised. One was in the open category and the other one was against the Scheduled Caste category. The appellant and the fifth respondent applied for the said posts along with another candidate, namely, Ms S.D. Patil. The University

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2023 Supreme(SC) 804

ABHAY S. OKA, SANJAY KAROLVijaya Bhiku Kadam – AppellantVersusMayani Bhag Shikshan Prasarak Mandal – Respondent

ABHAY S. OKA, SANJAY KAROL
Vijaya Bhiku Kadam – Appellant
Versus
Mayani Bhag Shikshan Prasarak Mandal – Respondent