AYURVIDYAPRASARAKMANDAL Vs. GEETABHASKARPENDSE MRS

JUDGEMENT

(1.) 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 avacancy 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 19/09/1983 even before the appellant-Trust had invited applications by advertising the vacancy as it was required to do. Subsequently, on 13/10/1983, 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 12/11/1983, a second advertisement was issued repeating the earlier advertisement. No application was received from any candidate from the backward classes in response even to this advertisement, and hence, respondent 1 who had already applied as stated earlier, was appointed to the said post for the period from 19/03/1984 till 30/04/1984. The total period of service put in by respondent 1 for the said academic year was 41 days. On 28/04/1984, the appellant-Trust issued an advertisement for the same post repeating the contents of the earlier advertisement, but for the academic year 1984-85. The applications were invited by 30/04/1984. No candidate from the backward classes applied in response to the said advertisement. The interview was held on 30/06/1984 and respondent 1 was appointed for the period from August 21, 198 4/04/1985.

(3.) In the third academic year 1985-86, admittedly no advertisement , was issued and no applications from the candidates including candidates from the backward classes were invited. However, respondent 1 was appointed to the post from July 10, 198 5/04/1986. Thereafter respondent l's services were terminated w. e. f. 30/04/1986 by a notice dated 12/03/1986.