MOHISIN ARABEGUM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is one of the 124 lecturers, who had been favoured with temporary appointments against unsanctioned posts for fixed periods and emoluments therefor, by the vice-chancellor of the respondent Mysore university in flagrant violation of the statutory Provisions contained in the Karnataka state universities Act, 1976 (in short, the 'act') from time to time during the last several years. The petitioner h now approached this court under writ jurisdiction for issuance of writ of mandamus to the respondent-university for regularisation of her services meaning thereby for commanding the authorities under the act create a post and absorb her against the same by waiving the mandatory Provisions contained under sections 28, 35, 36, and 49 of the act.

(2.) THE present petitioner has filed orders issued by the registrar of the respondent-university (Annexure-a series) by which she had been given temporary appointments from time to time in the university's evening college, mysore. The first part of the order dated 28-1-1997 (Annexure-a8) reads thus. Sub: stop-gap arrangements appointment of temporary (full-time) lecturers at university constituent undergraduate colleges. Order No. Et-3/192 of 1996-97, dated 28th january, 1997 pursuant to the approval of the vice-chancillor, the following persons are appointed as temporary (full-time) lecturers in the university evening college, mysore, w. e. f. the date noted against their names or from the date of their report for duty till the end of the academic year 1996-97 i. e. , upto 31st march, 1997 or earlier if the appointment ceases for any other reasons on an honorarium of Rs. 2,000/- (rs. Two thousand only) per month. <FRM>JUDGEMENT_445_KANTLJ1_1999Html1.htm</FRM>

(3.) THE second part of the above order had set out a clear warning to the petitioner that the "appointment is purely on temporary basis to cope with the workload in the university constituent under-graduate college and these appointments are not made against any sanctioned posts of dear vacancies and therefore she cannot make any claim for absorption to regular service".