HARSHENDU VINAYAK Vs. CHEMBAR TROMBAY EDUCATION

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) The petitioner was employed with respondent no.2 which is an institution run by the respondent no.1, as a Lecturer in Philosophy in Foundation Course. The petitioner on initial selection joined respondent no.2 college on 27.6.1994. Initial appointment of the petitioner was not by a duly constituted selection committee. The petitioner since 1996 on selection continued to serve in the said post. As the post was reserved, the petitioner was selected and appointed every year after due advertisement, continuously, till his termination on 31.07.2003 on account of being rendered surplus. The post was reserved for S.C.candidate.

(3.) The respondent nos. 1 and 2 to fill in the post which was reserved for SC candidate, advertised the same on 7th of June, 1996, 30th of May, 1997, 02nd September, 1998, 28th May, 1999, 24th March, 2000 as also on 22nd November, 2001. There was no advertisement in the year 2002-2003 as apparently the post was declared surplus and the services of the petitioner were terminated w.e.f. 1st of May, 2002. The post was again re-advertised on 31.07.2003, wherein it was shown as interchangeable between SC/ST. No SC/ST candidates applied. The post was again advertised as interchangeable on 16.06.2004 for the academic year 2004-2005. Pursuant to that advertisement a candidate belonging to S.C.category applied. The respondent no.5, as a reserved candidate and eligible was selected.