ALKANANDA Vs. SECRETARY

JUDGEMENT

(1.) On the last two dates fixed in this petition, the submissions of the learned Counsel appearing for the petitioner were heard. None appeared for the respondents.

(2.) With a view to appreciate the submissions made by the learned Counsel appearing for the petitioner, it will be necessary to refer to the facts of the case in brief. According to the case of the petitioner, she was appointed as a Demonstrator in Chemistry in Shri Chhatrapati Shivaji College, Omerga, Dist. Osmanabad vide order dated 16th September, 1974. She was promoted to the post of lecturer in Chemistry in the said college on 6th December, 1974. She served in the said college w.e.f. 21st September, 1974 to 30th September, 1976. She was in the category P-3. As she was found to be surplus in the senior college, she was absorbed in Shri Chhatrapati Shivaji Junior College, Omerga as a lecturer in Organic Chemistry. However, the Deputy Director of Education, Aurangabad did not grant approval to the appointment of the petitioner. Vide order dated 27th May, 1977 the petitioner was appointed as a part time teacher in the same college till she was relieved on 1st September, 1977.

(3.) The petitioner was appointed as a lecturer in Ramkrishna Paramhansa Junior College, Osmanabad vide order dated 11th October, 1977 w.e.f. 3rd October, 1977. The petitioner was confirmed in service as a junior lecturer in the said college vide order dated 23rd January, 1987. With effect from 25th August, 1988 the petitioner was appointed as a lecturer in Organic Chemistry in R.P. College (Senior College). The case of the petitioner is that as she was in P-3 category, she made a representation to the University stating that she should have been absorbed earlier. She further contended that the reservation could not have been made applicable in regard to the post held by her. The University of Marathwada directed the Secretary of Shri Swami Vivekanand Shikshan Sanstha, Kolhapur vide letter dated 8th December, 1988 informing the management that the petitioner ought to have been appointed in the post of lecturer in the senior college. The University directed that the petitioner should be accommodated in the vacant post of lecturer in Organic Chemistry in Senior College and accordingly, a report should be submitted to the University. A specific direction to that effect was again issued to the 1st respondent by the University vide letter dated 8th February, 1989. However, the petitioner was not accommodated in clear vacancy by the 1st respondent notwithstanding the direction of the University. It is contended that with the malafide intention the petitioner was accommodated in a post showing that the said post was reserved for a backward class candidate. A letter of termination dated 21st March, 1989 was issued to the petitioner. Therefore, the petitioner preferred an appeal before the College Tribunal. There was a delay in preferring the appeal. By the judgment and order dated 21st August, 1990 the learned Presiding Officer of the College Tribunal dismissed the appeal on the ground that the same was barred by limitation and that there was no satisfactory explanation for the delay. It is this order which is impugned by the petitioner in the present petition filed under Article 226 and 227 of the Constitution of India.