WHAIRMAN Vs. REGISTRAR, SHIVAJI UNIVERSITY

JUDGEMENT

(1.) Rule returnable forthwith The first respondent in person and Counsel for the other respondents waive service. by consent taken up for hearing and final disposal.

(2.) The First Petitioner is a Principal of a college at Kolhapur known by the name of Manavir mahavidhyalaya. The Second Petitioner is the chairman of the Institution which conducts the college. from l9/6 until 199/ one of the full time posts, to which the present dispute relates, of a lecturer in the subject of English in the College had been duly filled up. The incumbent then retired. The College moved the Shivaji University to which it is affiliated for its approval for filling up several vacant posts, among the, two full time posts of lecturers in English in the senior College. One of them was reserved for a scheduled Tribe, while the other was an "open post. Statute 195 (2) (A) of the applicable Statutes provides for the mode of recruitment and stipulates that all appointments to posts of (i) teachers is colleges affiliated to the University an: recognised Institutions; and (ii) principals of affiliated Colleges and Heads of recognizes institutions small be made on merit on the basis of a wide advertisement as approved by the university. The University communicated its approval to the advertisement that the College proposed to issue by its communication dated 4--- may 1999.

(3.) The Petitioners published an advertisement on 20th May 1999 inviting applications inter alia for two full time posts of a lecturer in English, one of which would be reserved for Scheduled Tribes. While issuing the advertisement, however, the college introduced a note which had not been part of the advertisement which was approved by the university. The note was as follows: "the post is advertised under Special recruitment drive for filling Backing. The open post in the subject of English will as filled in subject to the availability of workload. " plainly, in view of the mandatory requirement of statute 195 (2) (A) , the College was not entitled to insert additional stipulations over and above those which have been provided in the advertisement which was approved by the University.