GOPINATH Vs. HARISCHANDRA

JUDGEMENT

(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.