(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 3595 OF 2000 Miss. Ashalata d/o. Bhanudas Kalme, Aged : 30 years, Occupation : Service as Lecturer in Home Science, R/o. Phakranpur, Taluka : Nilanga (now Shirur Anantpal), District : Latur, at present residing at Sarafa Road, Dhondipura, Beed. .. Petitioner. versus 1. Bhartiya Shikshan Prasarak Sanstha, Ambejogai, through its Secretary, having office at Kholeshwar Mahavidyalaya, Ambejogai. 2. Principal, Swatantrya Veer Sawarkar Secondary & Higher Secondary School, Beed. 3. Deputy Director of Education, Aurangabad. .. Respondents. ....................... (2) Mr. Sachin Deshmukh, Advocate, for the petitioner. Mr. Vivek Bhavthankar, Advocate, for respondent nos.1 and 2. Mr. K.B. Chaudhary, Additional Government Pleader, for respondent no.3. ........................ CORAM : B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE : 13TH JULY 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. The petitioner has approached this Court, challenging the advertisement issued by the respondent nos.1 and 2, for the post of Lecturer in Junior College, in Home Science. 2. According to the petitioner, the petitioner had applied, in pursuance to the advertisement, for the post of Lecturer in Home Science, in the Junior College, and the petitioner was appointed on 2nd September 1996. According to the petitioner, the petitioner was again re-appointed on the said post, on year to year basis. However, after almost four years of the petitioner being in service, the post was again advertised and shown as reserved for candidates belonging to Scheduled Caste / (3) Scheduled Tribes. 3. Mr. Sachin Deshmukh, learned Counsel appearing for the petitioner, submits that the respondent / management, in order to harass the petitioner, had issued the advertisement, thereby showing the post reserved for backward class. He, however, submits that now the management is not permitting to take students in Home Science, only in order to harass the petitioner. 4. Mr. Vivek Bhavthankar, learned Counsel appearing for respondent nos.1 and 2, on the contrary, submits that the post was reserved for reserved category since inception and the appointment of the petitioner was only against a reserved post as a stopgap arrangement. He, therefore, submits that an interference by this Court, would not be warranted in the facts of the case. 5. This Court, while granting rule, had granted interim relief in terms of prayer clause "F". In view of the interim orders passed by this Court, the petitioner is continuing in service for a period of more than 10 years. It is, thus, clear that the petitioner has almost served for a period of 14 years. It is, however, contention of the respondents, including the State, that there is no workload available in the respondent no.2 / school, (4) for the subject of Home Science. However, Mr. K.B. Chaudhary, learned Additional Government Pleader appearing for respondent no.3, on instructions, states that in Kholeshwar Junior College, Ambajogai, which is also run by the respondent no.1, one Smt. Pathak is likely to retire in January 2011 and on her retirement, the post of Lecturer in Home Science would be available in the said Kholeshwar Junior College. 6. In that view of the matter, we find, that in order to work out the equities, it would be in the interest of justice, to direct the respondent no.1 to accommodate the petitioner in Kholeshwar Junior College, Ambejogai, on the vacancy arising on account of retirement of Smt. Pathak. 7. In the result, the petition is partly allowed. (i) The respondent no.1 is directed to appoint the petitioner as Lecturer in Home Science, in Kholeshwar Junior College, Ambejogai, in the vacancy that shall arise on account of retirement of Smt. Pathak. Needless to state, that approval shall also be granted by the respondent no.2, to the permanent absorption of the petitioner in the said Kholeshwar Junior College. (ii) However, since it is a common ground, that there is no (5) workload available for the post of Lecturer in Home Science in the respondent no.2 / School, the respondent no.3 shall give benefit to the petitioner, of Rule 26 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, till the absorption of the petitioner in the said Kholeshwar Junior College. (iii) It is further directed that since the petitioner is being absorbed in a Junior College run by the same management, the petitioner shall be entitled to continuity in service from the date of original appointment. (iv) It is further directed that the reservation shall be worked out by the respondent / management, in the other post, that would be available. 8. Rule is made absolute in the aforesaid terms. However, parties shall bear their own costs. ( S.V. GANGAPURWALA ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp3595