MUNICIPAL CORPORATION Vs. COMMISSIONER THANE MUNICIPAL CORPORATION HAVING, STATE OF MAHARASHTRA, STATE OF MAHARASHTRA

JUDGEMENT

(1.) Writ Petition No. 1187 of 2002 is filed by an association of Full Time Teachers working in the Rajiv gandhi Medica1 College run by Thane Municipal corporation and two of its office bearers to seek implementation of Resolution No. 42 passed by the said municipal Corporation on 18th May 1992 and to grant the full time medical teachers the revised pay scales and allowances on par with the medical teachers employed. by the , State of Maharashtra. The Commissioner of the municipal Corporation of Thane is the fi. rst Respondent and the State of Maharashtra is the second Respondent.

(2.) The Petition points out that when this Medical college was established by the Thane Municipal corporation (hereinafter referred to as "the corporation") the General Body of the Corporation passed a resolution being Resolution No. 42 on 12th May 1992 for that purpose. In that resolution it is recorded that the Corporation had passed an earlier resolution to set up the Medical College on 7th August 1991, In accordance with this earlier resolution, a technical report was prepared for the approval of the State government and of the University of Mumbai as also for incurring the expected expenditure. In Resolution No. 42 it is further stated that from the report of the administration it is seen that the permission of the state Government as well as the affiliation to the university of Mumbai was shortly expected. After considering the proposal put up by the administration the General Body passed this Resolution No. 42 to set up the Medical College.

(3.) The resolution further states that the college will admit 100 students to begin with in the first year. It thereafter states that some 25% of the seats (though on merit) be reserved for the students residing in the thane Municipal area and such recommendation be made to the State Government. Thereafter in paragraph 3 it is stated as follows :