UNIVERSITY OF DELHI AND ORS. Vs. NALINI PRABHAKAR

JUDGEMENT

(1.) CM No. 5917/2015

(2.) It was her case that she was appointed by the second respondent of the writ petition pursuant to applications invited from eligible candidates as per an advertisement dated August 8, 1995 and upon the eligible candidates being appraised by a Selection Committee which met on February 9, 1996. It was her case that the panel was approved by the Executive Council of the University. As per her since though permanent posts were available she was appointed on a temporary basis by the letter dated July 17, 1996. She claimed to have worked continuously as an ad hoc teacher till when she filed the writ petition in the year 2004. The cause for her to file the writ petition was the decision taken by the second respondent in the writ petition to regularize her service which was not approved by the Executive Council of the University.

(3.) The stand of the University was that the decision of the Constitution Bench of the Supreme Court in the decision Secretary State of Karnataka v. Uma Devi,, 2006 4 SCC 1 did not entitle Nalini Prabhakar to be regularized because when she was appointed there was no vacant post in the Department of English of the second respondent in the writ petition.