NEETA SANJEEV DIGHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this petition, the petitioner has prayed for quashing and setting aside the order dtd. 6/8/2011 passed by respondent No.1, whereby the proposal for de-reservation of the post to which the petitioner was appointed came to be rejected and for a declaration that service of the petitioner as a "Lecturer" in Botany may be confirmed from the date of her initial appointment. The facts are as follows.

(2.) The petitioner was initially appointed as a Lecturer by respondent No.5 at respondent No.6-College on a temporary basis for the period from 29/11/1990 to 20/4/1991. The post to which the petitioner was appointed was a reserved post. Before appointment of the petitioner as a Lecturer, since 1985 every year the said reserved post was advertised for more than five years by 1990. The reserved category candidate had not responded to the advertisements and, therefore, the same post could not be filled in.

(3.) The petitioner after initial appointment was continued for academic years 1991-1992 and 1992-1993. Despite advertisements, as respondent No.5 did not get the candidate from the reserved category, appointment of the petitioner was continued every year on temporary basis. It is alleged that on 26/7/1993, respondent No.5 did not allow the petitioner to joint the duty. The petitioner, therefore, approached the College Tribunal, Mumbai. The College Tribunal, Mumbai during pendency of the appeal, allowed the petitioner to report on duty. The College Tribunal dismissed the appeal on 30/3/1995. However, the College Tribunal continued stay till re-opening of the College for the academic session 1995-1996.