1 aswp-10318-10 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10318 OF 2010 Dr. Shubhangi Ravindragir Gosavi .. Petitioner Vs. 1. Maratha Vidya Prasarak Samaj and ors. .. Respondents Mr. Mihir Desai for petitioner. Mr. K. Y. Mandlik for respondent nos.1 and 2. Mr. C.R. Sonawane, AGP for respondent nos.4 and 5. CORAM: B. H. MARLAPALLE & SMT.NISHITA MHATRE, JJ. RESERVED ON : OCTOBER 05, 2011 PRONOUNCED ON : NOVEMBER 28, 2011. P.C. 1. Heard Mr. Desai, the learned counsel for the petitioner. 2. Rule. 3. Respondents waive service. Affidavit-in-reply has been filed by the respondent no.1 – Society on behalf of respondent nos.1 and 2. Respondent No.3 – University of Pune is a formal party. Petition has been heard finally. 2 aswp-10318-10 4. In this petition, filed under Article 226 of the Constitution, the petitioner prays for directions to treat her as a full time Lecturer in Psychology with the respondent nos.2 – College on probation from 23/9/2008 and to confirm her service as such with effect from 22/9/2010 and for the consequential benefits like pay scale and arrears of salary etc. 5. The petitioner obtained her M.A. (Psychology) degree in the year 1999 and she was appointed on selection through the Local Selection Committee with the Management-College run by respondent no.1 as a part time Lecturer. On 11/5/2005 the respondent no.1 – Society published an add inviting applications for appointment of Lecturers in different subjects, including Psychology (two posts and both reserved). The petitioner was interviewed by the University Selection Committee and as a qualified reserved category candidate was not available, the petitioner came to be selected and, therefore, she came to be appointed on contract basis for a period of two years from 11/8/2005. The said appointment was approved by the respondent no.3-University subject to the petitioner acquiring NET/SET qualifications during the said period of two years. On expiry of the first contractual appointment of two years, the petitioner was again appointed on the same basis from 11/8/2007 to 10/8/2009 and on a consolidated salary of Rs.8000/- per month. This appointment was also approved by the respondent – University on the condition that the petitioner shall acquire the NET/SET qualifications within the said period of two years. The petitioner was awarded Ph.D. degree on 23/9/2008 i.e. during her second appointment on contractual basis. She, therefore, submitted representations for regularization of her service as a Lecturer in 3 aswp-10318-10 Psychology in the pay scale of Rs.15500-39000. She has finally approached this court by this petition seeking a writ of mandamus. 6. There is no doubt that the petitioner was appointed by the Selection Committee of the respondent no.3-University and it was not that her appointment was on the basis of a Local Selection Committee. She has acquired her Ph.D. degree on 23/9/2008 and the respondent – University has approved the appointment subject to the petitioner acquiring the NET/SET qualifications, as per the letter dated 10/10/2007. It is also an admitted position that if a Lecturer acquires the Ph.D. degree, he/she is granted exemption from the NET/SET qualifications and, therefore, the petitioner became qualified for regular appointment as a Lecturer in Psychology on her obtaining the Ph.D. degree on 23/9/2008. 7. So far as the vacancies are concerned, Mr. Mandlik the learned counsel for the respondent nos.1 and 2 has placed before us the latest vacancy position in the department of Psychology with the respondent no. 2-College. There are in all 7 posts of Lecturers sanctioned for the aided sections and 2 posts of Lecturers sanctioned for the un-aided sections in the department of Psychology. The petitioner also belongs to NT (B) Category. Out of the 7 Lecturers appointed on the aided sections in the department of Psychology, there are five from open category and only two from reserved category. It is also admitted that as on 5/12/2007 Smt. Padvi, who does not possess the qualifications of NET/SET has been appointed in the vacancy caused from 5/12/2007 in the aided section and she is on temporary/ad-hoc basis. In these circumstances, there is no impediment in regularizing the 4 aswp-10318-10 petitioner’s appointment as a Lecturer from 23/9/2008 in the aided section of the respondent no.2-College. It is also not in dispute that a vacancy reserved for ST can be interchanged to NT (B) Category if a duly qualified candidate in ST Category is not available. On behalf of the respondent nos. 4 and 5 this position in law as well as the fact that there is one vacancy in the aided section of respondent no.2-College and in the post of Lecturer (Psychology) is available on regular basis. 8. Hence, this petition succeeds and it is directed that the petitioner be treated on probation as a Lecturer in Psychology from 23/9/2008 and in the pay scale of Rs.15500-39000 and in the aided section of the respondent no.2-College. She shall be paid the arrears of salary from 23/9/2008 as expeditiously as possible. The respondent nos.1 and 2 shall submit the bills to respondent no.4 within a period of two weeks from today and the same shall be cleared within four weeks from the receipt of the same by the office of the respondent no.4. Respondent No.3-University is directed to approve the appointment of the petitioner as a Lecturer on probation from 23/9/2008. 9. Rule is made absolute accordingly but without any order as to costs. (SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)