1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. Writ Petition No. 1588 of 2006 (Ku. Vaishali Tejram Kapgate Vs. Chintamani Shikshan Prasarak Mandal & ors.) Appeal District : Application No. of 200 Writ petition - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's Orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.Y. Kapgate, Adv. For the petitioner. Mr. Atul Pande, Adv. For R- 1 and 2. Mr. M.S. Tajwar Khan, Adv. For R- 3. Mr. Annop Parihar, A.G.P. for R- 4. CORAM : Smt. Vasanti A. Naik, J. DATE : 8 th October, 2008 Heard the learned counsel for the parties. By this petition, the petitioner impugns the judgment passed by the Presiding Officer, University & College Tribunal, Nagpur, in Appeal No. N-1 of 2003, whereby the appeal filed by the petitioner was dismissed. The petitioner was appointed as a Lecturer in Marathi on a part time post on 5/8/1999. Thereafter, on 29/12/2000, the petitioner was appointed as a Part Time Lecturer in a clear vacancy, on probation. 2 Approval was granted to the appointment of the petitioner on 31/1/2001. Respondent no.1- Management sought permission of the University for converting the Part Time post of Lecturer into the Full Time post. The permission was granted by the University and a Selection Committee was appointed. The interviews were held and one Shri. Bawankule was selected and appointed as a Full Time Lecturer in a clear vacancy. In the meanwhile, by the order dated 26/12/2002, services of the petitioner were terminated. The petitioner filed an appeal before the University & College Tribunal, Nagpur, challenging the order of her termination dated 26/12/2002 and sought appointment and continuation on the post of Full Time Lecturer on the basis of a Government Resolution dated 8/8/1996. The Tribunal, by the judgment dated 19/7/2005, dismissed the appeal on the ground that the petitioner was not duly qualified for appointment on the post of Full Time Lecturer and since she was not holding the necessary qualification for appointment on the post of Lecturer at the time of her 3 appointment on 29/12/2000, the benefit of the Government Resolution dated 8/8/1996 was not available to the petitioner. The reasons recorded by the Tribunal for dismissing the appeal of the petitioner are just and proper and cannot be found fault with. I have perused the contents of the Government Resolution dated 8/8/1996. The said Government Resolution provides that the Part Time Lecturers may be appointed on the post of Full Time Lecturers if their initial appointment as Part Time Lecturers is made after following the due process of selection and if they hold the necessary qualifications for appointment on the post of Full Time Lecturer. Such is not the case here. It is not in dispute that the petitioner was not duly qualified to hold either the post of Part Time Lecturer on 29/12/2000, or to hold the post of Full Time Lecturer in 2002. In this view of the matter, the Presiding Officer, University & College Tribunal was justified in dismissing the appeal on the ground that the petitioner was not holding the requisite qualification and the Government Resolution dated 8/9/1996 was 4 not applicable in her case. For the reasons aforesaid, the writ petition is dismissed with no oder as to costs. JUDGE RMP