1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.846 OF 1998 Shubhada Chintamani Gadre .. Petitioner V/s Veermata Jeejabai Technical Institute, Matunga & Ors. .. Respondents Mr.Mihir Desai for the Petitioner. Mr.B.V.Phadnis for Respondent No.2. Mr.M.D.Naik,AGP for Respondent No.3. CORAM : D.K.DESHMUKH & R.G.KETKAR, JJ. DATE : 13th August, 2009. P.C.: 1. Petitioner was appointed in the year 1990 on the post of Professor, Electronic Engineer, (Post Graduate), which was at that time reserved for backward class candidate. The petitioner fulfilled the prescribed qualifications which were applicable at that time for the post of Professor. The petitioner’s appointment was also approved by the University of Bombay. However, because the petitioner was not appointed in a clear vacancy, in the sense, vacancy against which she was appointed was reserved for backward class candidate, she was not confirmed. Therefore she continued to be a temporary employee in the said post from the year 1990. It appears that thereafter the post was dereserved and the petitioner was also required to appear 2 for interview again for that post. At that stage this petition was filed claiming that in view of service rendered by the petitioner she be treated as a permanent incumbent, and this Court by an interim order dated 23rd April, 1998 granted interim relief in terms of prayer clause (e). As a result of which the petitioner continued to hold the post of professor during the pendency of the petition. 2. The learned AGP has pointed out to us a copy of the order dated 20th September, 2003 passed by the Director of Technical Education, Maharashtra State, which promotes the petitioner to the post of professor w.e.f.1st January, 1996 under the Career Advancement Scheme. The petitioner has also retired from the post of professor on 30th June, 2007. 3. In view of the order dated 20th September, 2003 passed by the Technical Director of Technical Education, a copy of which is taken on record and marked “X” for identification, and because of the interim order passed by this Court on 23rd April, 1998, the petitioner continued in the post of professor till the date of her retirement. In our opinion, therefore, the following order would meet the ends of justice:- ORDER “Rule in the petition is made absolute in terms of the interim relief which was granted by an order dated 23rd April, 1998. As a result, 3 the petitioner shall be treated as a permanent incumbent in the post of professor till the date of her retirement. Rule is made absolute accordingly. Petition disposed of. No order as to costs.” (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)