The court emphasized adherence to reservation policies in employment, ruling that the Management's illegal appointment of the Petitioner must be rectified by regularization.

JUDGMENT :

(Ravindra V. Ghuge, J.)

1. This matter was specifically listed on today's board by an order passed by the earlier bench, on 15^th January 2025.

2. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

3. The Petitioner has put forth prayer clauses (a), (b) and (c), as under:

“(a) That this Honourable Court be pleased to issue a writ of certiorari and /or any other order or direction in the nature of certiorari quashing and setting aside the impugned letter /decision dated 19.09.2016 which has been marked and annexed hereto as Exhibit G.

(b) That this Honourable Court be pleased to issue a writ of mandamus and/or any other order or direction in the nature of mandamus directing the Respondent No. 3 to regularise the services of the Petitioner as Assistant Teacher w.e.f. 01.01.2015 and grant approval to the services of the Petitioner as a Full Assistant Teacher w.e.f. 01.01.2015 and grant approval to the services of the Petitioner as a Full Time Assistant Teacher w.e.f. 01.01.2015.

(c) That this Honourable Court be pleased to issue a writ of mandamus and/or any other order or direction in the nature of mandamus directing the Respondents No.3 or the Respondent No.1 to pay the Petitioner his salary as a Full Time Assistant Teacher from 01.11.2012 onwards.”

4. The dates and sequence of events are as under:

a) The Petitioner was appointed as a part time Teacher on 1^st September, 2001.

b) On 7^th September, 2001, he received approval for his appointment as a part time Assistant Teacher.

c) On 31^st October, 2012, the post of a full time Assistant Teacher fell vacant since an earlier Assistant Teacher in Physics, Mr. Shivaji Vithoba Khot, superannuated on 31^st October, 2012. The Petitioner claims that he was handling the workload of full time Teacher.

d) On 14^th March, 2014, an Assistant Teacher in Physics, namely Mr. Ankush Kundlik Garande, passed away. Therefore, one more full time post of Assistant Teacher fell vacant from 15^th March 2014.

e) The Management published an advertisement on 6^th May, 2014 in the Sangli edition of Dainik Pudhari, inviting applications for filling in various teaching category posts and Laboratory Assistant, along with the details of the reservation. The Petitioner is concerned with the Physics subject.

f) Two posts in the Physics subject, one post in Chemistry and one post in Geography, were said to be available on full time basis.

g) The reservation mentioned in the advertisement was Scheduled Castes, Schedule Tribe and Open Category respectively.

h) Thus, two posts for Physics were for the Reserved Category. One post each in the subjects of Mathematics, English, Marathi and Geography, were also advertised on clock hour basis. One post of Assistant Teacher in Physics in the unaided category, was also advertised.

i) Surprisingly, the advertisement was published prior to the Deputy Director of Education Kolhapur Division, could respond to the permission sought by the Management.

j) The Management had published the advertisement on 6^th May 2014.

k) On 7^th June, 2014, the Deputy Director of Education informed the Management that only one post of Physics can be filled in, as it was a sanctioned post.

l) The Petitioner was called for the interview on 22^nd December, 2014.

m) The Petitioner was appointed as a full time teacher in Physics pursuant to the advertisement w.e.f. 1^st January, 2015.

n) On 25^th January, 2016, the Deputy Director Education responded to the proposal of the Management seeking approval, by stating that no Open Category post was available in Physics.

o) On 19^th September, 2016, the Deputy Director of Education relied upon the Roaster until 31^st December, 2015, and informed the Management that as the Petitioner belong to the Open Category, approval for his appointment to the post of Assistant Teacher Physics, which was reserved for the backward category, cannot be granted.

5. The Petitioner is supported in his submissions by the Management. Relying upon the dates and sequences