SIDDHI SANTOSH CHAULKAR Vs. ARYAN EDUCATION SOCIETY

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard by consent.

(2.) The petitioner has approached this Court praying for a writ directing respondents to grant approval and confirmation to the petitioner's services from her absorption to the aided post of Junior Clerk from 1st July 2006 and pay salary as full time Junior Clerk with arrears and interest from 1st July 2006.

(3.) The facts in this case are not in dispute. The petitioner initially was appointed by the respondent No.1 management as Junior Clerk in Teachers' Education College on 22nd October 1996. The said appointment was on unaided section. Subsequently, on retirement of one Sahadev Mate on 30th June 2006, the petitioner came to be appointed on 1st July 2006 on the said post which fell vacant and which was in aided section. The proposal for grant of approval was submitted by the management to the respondent No.2. However, initially the proposal came to be rejected on the ground that the petitioner's appointment on aided section was done without following the procedure of advertisement etc and as such the approval cannot be granted. The respondent No.1 again issued advertisement and in response thereto the petitioner applied and was selected after following due selection process. Thereafter, again the proposal was sent by the respondent No.1 to respondent No.3. The proposal was for grant of approval and came to be rejected on the ground that backlog of reservation was not fulfilled by respondent No.1 and as such the petitioner who came to be appointed against open category post could not be granted approval. There has been series of correspondence between respondent No.1 and respondent No.3, whereby the respondent No.1 had explained the position that since number of non teaching posts was 9 and since already four posts were filled in from reserved category, the fifth post cannot be granted to the reserved category candidate. It was also submitted that merely because there was a backlog of reserved category candidates, the approval cannot be rejected to a candidate who was appointed against an open category post.