SREE USHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein were appointed in leave vacancies as Junior Lecturers and Lecturers in St. Thomas College, Ranni, Pathanamthitta District. In these writ petitions they are claiming the benefit of Section 62(2)(b) of the Mahatma Gandhi University Act, 1985, which provides preference in the matter of future appointment in the College.

(2.) Briefly stated facts of the cases are, the petitioner in WP(C) No. 12784/2004 was appointed as Junior Lecturer in Chemistry by Ext. P1 order dated 23-2-1983 in a leave vacancy. By Ext. P2 order, appointment for the period from 24-02-1983 to 09-01-1984 was approved by the Kerala University, under which the College was then functioning. Subsequently, by Ext. P3 order, the petitioner was again appointed as a Junior Lecturer in a leave vacancy for the period from 13-03-1984 to 20-12-1988 and this, again, was approved by the University as per Ext. P4. While so, by Ext. P5 she was appointed as Lecturer in a leave vacancy for the period from 24-02-1985 to 20-12-1988. The appointment by Ext. P5, was also approved by Ext. P6 order of the University, for the aforesaid period or till the vacancy ceases. Again by Ext.P7 order, the petitioner was appointed in a leave vacancy for the period from 01 -02-1993 to 31 -01-1994 and that was also approved by the University as per Ext.P8. Still later, by Ext.P9, the petitioner was appointed as Lecturer (Chemistry) from 26-06-1995 to 30-06-1996 and that was also approved by Ext. P10.

(3.) Here it should be noticed that in the meanwhile, by Act, 17 of 1989, the Mahatma Gandhi University Act, 1985 (hereinafter referred to as the Act for short) was amended and Section 62(2) (b) as it stands today, was incorporated. Yet another fact which requires to be noticed is that with effect from 01 -01 -1986, consequent on the introduction of UGC scheme, clearance in NET was made an essential qualification for the appointment of Lecturers in private college. In spite of this, although the petitioner had not cleared the Net examination, she was reappointed for the subsequent periods noticed earlier.