ASHOK CHANDRASHEKAR RAO Vs. UNIVERSITY OF MUMBAI

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) The petitioner is presently holding the post of Reader in Mechanical engineering. It was earlier known as the University Institute of Chemical technology (UDCT) University of Mumbai. It is now the University Institute of chemical Technology. When the petitioner was appointed UDCT was the Department of respondent No. 1. It is the case of the petitioner that the post of reader in Mechanical Engineering with respondent No. 2 is an isolated post being the only post of its kind. The respondents have been unlawfully treating the said post as a reserved post. It is further set out that the post of Reader is incapable of being reserved as it is a post superior to the last post to the post of which reservation can be made, namely that of Lecturer.

(3.) It is not necessary to refer various other pleading expect to the extent they are required. When the petitioner was first appointed it was pursuant to the advertisement dated 30th August, 1990 which appeared in the Times of india. The post was shown as reserved post in terms of the advertisement issued by respondent No. 1. As reserved candidate was not available the petitioner came to be appointed. The post was re-advertised once again on 19th july, 1991, 16th July, 1993, 21st May, 1994, 10th August, 1999 and 6th february, 1997. In the advertisement which appeared in the Indian Express of 14th August, 1995 it was pointed out that the post of reader in Mechanical engineering was not being re-advertised as it had already been advertised six times The petitioner continues to hold the post.