1 295.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.295 OF 2011 Dr.Dhaval Dattatraya Kulkarni ...Petitioner Versus Solapur University & Ors. ...Respondents ...... Mr.M.L.Patil for Petitioner. Mr.Sanjay D.Thokade for Respondents 1 & 2. Mr.C.R.Sonawane, A.G.P. for Respondent No.3. ...... CORAM:- A.M.KHANWILKAR AND MRS.MRIDULA BHATKAR, JJ. DATED:- APRIL 27, 2011. P.C. 1. Heard Counsel for the petitioner and the respondent No.1 University. The petitioner was initially appointed in the Shivaji University, Kolhapur on the post of Lecturer of Geology (Solapur) pursuant to advertisement No. 1/1997. The said appointment was admittedly for temporary post as is noted in the said advertisement. The petitioner was once again appointed afresh on the post of Lecturer in Geology (Solapur) pursuant to advertisement No. 1/1998. Once again, this appointment was on temporary post of lecturer. The petitioner has been continued in service since then on purely temporary basis from time to time. The Department in which the petitioner was 2 295.11 working originally coming under the Shivaji University stood transferred to Solapur University after constitution of the Solapur University on 22nd July, 2004. Clause (vii) of the transfer order refers to the fact that 21 employees holding the post of teacher would stand transferred to Solapur University with effect from 1st August, 2004. Much emphasis has been placed on this transfer order to contend that the petitioner was entitled for appointment on the post of lecturer in Geology in Solapur University on regular basis. It is not possible to countenance this submission. The transfer of the petitioner was on the same basis on which he was working on 1st August, 2004 in Shivaji University i.e. purely temporary basis. 2. The petitioner and similarly placed persons had filed Writ Petition before this Court being Writ Petition No.1510 of 2002 which was decided on 12th June, 2008 upon recording the statement made on behalf of the Solapur University that the case of the petitioner for regularisation would be considered. The petitioner relying on the said decision pursued the matter with the Solapur University for regularisation on the post of lecturer in Geology at Solapur. However, the University by communication dated 20th December, 2010 has rejected the claim of the petitioner on the ground that no post is presently available in open category as per the roster 3 295.11 maintained by the Solapur University. Hence, the petitioner’s service cannot be regularised and he would stand relieved from 20th January, 2011. This communication is the subject matter of challenge in the present Petition. 3. The principal question that arise for our consideration is: whether there is any vacant post in the Solapur University of lecturer in Geology against which the petitioner could have been regularised before he was to be relieved on 20th January, 2011. Going by the statement made by the University in the communication dated 20th December, 2010 that no post of lecturer in Geology is available in open category as per the roster maintained by the Solapur University, the relief claimed in this Petition cannot be taken forward. The learned Counsel for the petitioner, however, has placed emphasis on the minutes of the meeting of the Selection Committee of Shivaji University dated 21st June, 2000. However, in our opinion, these minutes are of no avail to the petitioner. Inasmuch as it clearly records that the Selection Committee was constituted under Section 77 of the Maharashtra Universities Act, 1994 to select lecturers (temporary) in Geology for Solapur. The said selection process was not a regular process under Section 76 of the Act as such. If it were to be a regular 4 295.11 process of selection, the petitioner on being selected, could have been appointed on permanent basis against the available vacant post. Obviously, the petitioner was considered for being appointed once again on temporary basis. The petitioner is not in a position to produce any document to even remotely doubt the correctness of the statement made by the University in the communication issued under the signature of Registrar dated 20th December, 2010 to the effect that at the relevant time in December, 2010, no post was available in open category as per the roster maintained by the Solapur University. If there is no vacant post in open category available, the question of considering the petitioner for regularisation does not arise at all. Hence, no fault can be found with the decision of the Registrar referred to in communication dated 20th December, 2010. 4. Accordingly, this Petition will fail and the same is therefore dismissed. 5. At this stage, Counsel for the petitioner submits that there is one vacant post in category reserved for Scheduled Tribe in Solapur University. It is submitted that till the said post is filled by following procedure under Section 76 of the Act, the petitioner be continued in service on temporary 5 295.11 basis. This submission is made on the ground that if the petitioner is now required to participate along with others during the selection process in respect of lecturer, Geology, open category, the petitioner would be ineligible having crossed the maximum age specified under the extant regulations. The Counsel for the University submits that this request of the petitioner will be considered appropriately. In view of this submission, no further observations are necessary. (MRS.MRIDULA BHATKAR, J.) (A.M.KHANWILKAR, J.)