1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6021 OF 2008 Shri Arjun Bacharam patil .. Petitioner versus The State of Maharashtra & ors. .. Respondents ... Mr.N.V. Bandiadekar for the petitioner. Mr.V.A. Sonpal AGP for respondent nos.1, 2 and 7. Mr.Sunil Ghadge i/b Mr.S.R. Ganbavle for respondent nos. 3 to 6. CORAM : B.H.MARLAPALLE AND D.G. KARNIK, JJ DATED : 23rd January 2009 P.C.: . We have heard the learned counsel for the petitioner. Mr.Sonpal appears for respondent nos.1, 2 and 7. . The petitioner came to be initially 2 appointed on clock hour basis in the Academic Year 1996-97 to teach Marathi subject to the Junior College under the respondent no.4 college run by respondent no.3. Subsequently, he came to be appointed on Part-time basis as the work load in the Junior College increased and in that capacity he was teaching Marathi subject to the students in 11th and 12th Std. in Commerce faculty as well as MCVC (Minimum Competency Vocational Course) In the mean while, one Mr.Kulkarni,the lecturer in Marathi in the Senior College retired and the petitioner was also assigned some classes in the Senior College on Clock Hour basis. The petitioner prays for combining the work load in the Junior College, MCVC as well as the Senior College and appoint him as a full time Assistant teacher in the Junior College. In addition, he also stated that there was a vacancy available in the Night College to teach Marathi. He further alleged that the appointment of Respondent nos.5 and 6 has been made contrary to the provisions of MEPS Rules 1981 and more particularly Rule 21(2) and by giving a go-by to his rightful claim for appointment on full time basis more so, when he has been working for the last about 13 years. . The Dy. Director of Education as well as the Management i.e. Respondent nos.1 and 4 have 3 filed affidavit in reply and opposed the petition. In the petition, there is no challenge to the constitutional validity of the amended rule providing for reservation of 52% as against the old provision of 34% in the MEPS Rules 1981. The establishment of Night College of Arts and Commerce is a totally different entity. The appointments in the Senior College are governed by the rules framed by the University Grants Commission and subsequently, adopted by the State Government, whereas the appointments in the Junior College are governed by the MEPS Rules 1981. The Dy. Director of Education therefore is right in his contentions that the work load in the Junior College and Sr.College cannot be combined so as to consider the claim for appointing him as a full time teacher under the respondent no.4 College. However, we do not find any legal impediment in considering the petitioner’s case for full time appointment by taking into consideration the work load in the Junior College (Commerce Section) as well as MCVC Section . We therefore direct that as and when the work load in Junior College (Commerce section and MCVC section) increases so as to warrant appointment on full time basis of an Assistant Teacher in Marathi subject, the claim of the petitioner shall be 4 considered before any appointment for such additional post is made, subject of course to the applicability of the rule of reservation. . With these directions, the petition stands disposed. (D.G. KARNIK, J) (B.H.MARLAPALLE, J)