RAJANI Vs. NORTH MAHARASHTRA UNIVERSITY JALGAON

JUDGEMENT

(1.) BY all these petitions the petitioners have challenged the action of North Maharashtra University, Jalgaon , in not granting them permanent approval to their appointments as lecturers in various colleges under the University. All questions raised in these petitions being similar, the same are disposed of by a common judgment.

(2.) PETITIONER in Writ Petition No.2653/1996 is an M. A. in Marathi. She has done B.A. ( Honorurs ) from Pune University and has then obtained M.A. qualification from the said University. On the basis of these qualifications, she was appointed as lecturer on 7 10 1991. Her appointment was after she was selected by the duly constituted Selection Committee.

(3.) ON 11 02 1993, the Respondent No.1 University issued a Circular bearing No.3/1993, whereby it was directed that for the purpose of employment as lecturer in the university or its affiliated colleges, the incumbent should have obtained 50% marks at the undergraduate level and 55% and more marks at the postgraduate level. The case of the petitioner before this court is that she was duly selected candidate. Her appointment letter nowhere mentions that she was appointed temporary in a vacancy reserved for backward class candidate. The approval granted to her appointment by the university on 22 10 1992 also does not state any such condition. The petitioner could not, therefore, be rejected approval on any count or the Circular dated 11 2 1993 cannot be made applicable to the petitioner as she has cleared B.A. ( Honours ) degree from Pune University, where Honoururs is conferred only on a person who secure 45% marks or more. In any event, the scrutiny of the Circular dated 11 2 1993 shows that it is not operative with retrospective effect. Consequently, the Circular also cannot be a ground for refusing the approval to the appointment of the petitioner.