SACHHIT PADMAKAR JOSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PARTIES by counsel. Rule. Heard forthwith.

(2.) THE petitioner is working as part time Lecturer in the M. M. College of Science, Umrer Road, nagpur run by the respondent No. 3. His grievance in this writ petition is that since the respondent No. 4 is insisting upon the norms for calculating the work-load as laid down by the adhoc committee of the Nagpur University which appear to have been approved by the government as stated by him in his letter dated 5. 7. 1991, the workload of the full Time Lecturer in the subject of Geology is not being properly calculated, although there are judgments of this court that the workload has to be calculated in accordance with the resolutions and norms laid down by Executive Council of the Nagpur University. The submission is that, if the workload is properly calculated in accordance with the norms laid down by the Executive Council; of the nagpur University, the petitioner can be absorbed as Full Time Lecturer in the College of the respondent No. 3. The petitioner has, therefore, claimed the relief in the instant writ petition that he should be appointed as Full Time Lecturer in Geology with effect from 9. 9. 1989, from which date, the monetary benefits arising out of the appointment as Full Time Lecturer should be allowed to him.

(3.) AS regards the question about the norms of workload, it is not understandable why again and again, the government is insisting upon the norms laid down by the adhoc committee of the university to be followed in the matter when by several decisions of this Court, it has been settled that the workload has to be determined in accordance with norms laid down by the executive Council of the Nagpur University. The first judgment on the question is in Writ petition No. 1518 of 1983 Sharad v. State of Maharashtra and Ors. Decided on 10. 1. 1985 following this judgment is the judgment in Writ Petition No. 2531 of 1985 with Writ Petition no. 2532 of 1985 and Writ petition No. 2533 of 1985 Harichandraj Jethmal Gandhi v. State of maharashtra and Ors. decided on 29. 8. 1986. The third judgment in this regard is in Writ Petition no. 148 of 1993 Local Managing Committee of Jagdamba Mahavidyalaya v. presiding Officer and ors. rendered on 25. 2. 1993 There is yet another judgment of this Court on the same question in writ petition No. 2099 of 1985 Mrs. Prabha v. State of Maharashtra, rendered on 4. 9. 1986. It is thus clear that the norms laid down by the Executive Council of the Nagpur University as per its resolution dated 27. 3. 1979 fixing the workload of the teachers are binding upon the State and the college Management.