Advocates:
['THE ADDL GOVT PLEADER', 'SHRI T D DESHMUKH', '', 'FOR R NO', 'SHRI GAUTAM T KANCHANPURKAR', 'FOR R NO AND', 'SHRI P N JOSHI', 'FOR R', 'NO', 'R NO IS FORMAL PARTY', 'SHRI P K DHAKEPHALKAR', 'FOR R NO &', 'R NO IS SERVED', 'SMT MINAKSHI G KULKARNI', 'FOR R NO']

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W.P.No.3821-7764

Bsb

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 3821 OF 1996

The Joint Director of

Higher Education, Pune & anr.

... Petitioners

v/s

Dr.(Mrs.) A.A.Rekhi & ors.

... Respondents

ALONG WITH

WRIT PETITION NO. 7764 OF 2010

Hind Seva Mandal, Ahmednagar

through its

Secretary, & anr.

... Petitioners

v/s

Dr.(Mrs.) Amarja Ajit Rekhi & ors.

... Respondents

Mr.S.N.Bhosale, A.G.P. for the petitioners in W.P.No.

3821/1996.

Mr.R.M.Haridas h/for Mr.P.N.Joshi for respondent No.1.

Mr.S.G.Deshmukh i/by Mr.G.T.Kanchanpurkar for respondent

Nos.2 and 3.

Ms Minakshi Kulkarni along with Ms Swati Deshmukh i/by

Mr.M.G.Kulkarni for Resp. No.4.

CORAM: SMT.NISHITA MHATRE, J.

DATED: 28TH JANUARY, 2011

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W.P.No.3821-7764

ORAL JUDGMENT:

1.

These petitions challenge the order passed by the

University and College Tribunal, Shivaji University, Pune, in

Appeal No.7 of 1996 (P). The College Tribunal has allowed

the appeal filed by the lecturer and quashed the order of

termination of service passed by the college on 31.3.1995.

The lecturer has been reinstated with continuity of service

and full back wages.

2.

Writ Petition No.7764 of 1996 which was initially filed

before the Aurangabad Bench of this Court, has been filed by

the management of the college. Respondent No.1 in this

petition is the lecturer whose services had been terminated.

Respondent No.2 is the Joint Director of Higher Education

Grants, who has filed Writ Petition No.3821 of 1996 against

the same order of the College Tribunal. Respondent No.1 in

that petition is the lecturer and respondent Nos.2 and 3 are

the management and the college, respectively. For the

purposes of convenience, respondent No.1 will be referred to

as the lecturer). The petitioners in Writ Petition No.7764 of

1996 will be referred to as the management and the

petitioners in Writ Petition No.3821 of 1996 will be referred

to as the Director. The University of Pune and the State of

Maharashtra are the other party respondents in both the

petitions.

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W.P.No.3821-7764

3.

The facts giving rise to the present petitions are as

follows:-

An advertisement was issued by the management on

7.7.1990 for the post of Part-Time Lecturer. Respondent No.

1 was selected by the Selection Committee of the University

of Pune as a Part-Time Lecturer for Hindi with effect from

22.7.1990. She was appointed against a post which,

according to the Director, was reserved for Scheduled Caste

candidates. The appointment was made for one academic

year only. The post was advertised again for the year

1991-92 and respondent No.1 was selected and appointed

again for that post. As the earlier lecturer for Hindi

employed by the College retired, a full time post of lecturer

became available. Accordingly, an advertisement was issued

by the management for filling in the post of lecturer in Hindi

for the academic year 1992-93. It was reserved for

candidates belonging to the backward classes. Although six

candidates from the reserved category applied for the post,

the selection committee did not find a single candidate to be

suitable for the post and, therefore, it submitted a report that

respondent No.1 be continued for the next academic year.

The management did not accept the recommendation of the

selection committee and did not appoint anybody to the post,

including respondent No.1. The University, Pune, directed

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W.P.No.3821-7764

the management to employ respondent No.1 on a temporary

basis and threatened to take action against the college and

the management if its directions were not obeyed.

4.

Accordingly, respondent No.1 was appointed as

directed by the University on 14.6.1994 agains