1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3102 OF 2004 WRIT PETITION NO.3102 OF 2004 WRIT PETITION NO.3102 OF 2004 Dr.Mrs.Shamim Momin Indian Inhabitant, Residing at 19A/503 A1-Namira, Milat Nagar Link Road, Andheri, Mumbai-400 058. ..Petitioner Vs. 1.University of Mumbai Through the Registrar University of Mumbai Mumbai-400 032. 2.University Institute of Chemical Technology Through its Director University of Mumbai Matunga, Mumbai 400 019. 3.University Grants Commission Bahadur Shah Zafar Marg New Delhi 110 002. 4.State of Maharashtra Through its Official Associate, High Court,Mumbai 5.Union of India Aykar Bhawan, Marine Lines Mumbai 400 0020 ..Respondents ----- Mr.C.U.Singh with Ms. M.D’Souza i/b. M/s.Sanjay Udeshi & Co. for Petitioner Mr. Rui A Rodrigues with Mr. B.v. Phadnis for Respondent No.1 & 2 Mr.M.D.Naik, A.G.P. for Respondent No.4 Mr. Kiran J. Khanpile for Respondent No.5 CORAM: F.I. REBELLO & CORAM: F.I. REBELLO & CORAM: F.I. REBELLO & S.P. KUKDAY, JJ. S.P. KUKDAY, JJ. S.P. KUKDAY, JJ. DATE: 26TH APRIL, 2005. DATE: 26TH APRIL, 2005. DATE: 26TH APRIL, 2005. JUDGMENT (PER F.I.REBELLO,J.) JUDGMENT (PER F.I.REBELLO,J.) JUDGMENT (PER F.I.REBELLO,J.) . Rule. Heard forthwith. 2 2. The Petitioner in the instant case was appointed as Lecturer in Oils, Fats and Waxes vide letter of appointment dated 12th January, 1987. The Petitioner contineously holds the said post. The University forwarded to Respondent No.4 a proposal for de-reservation of the post. That has been rejected by order dated 1st February, 2003 for similar reasons as set out while disposing off Writ Petition No.3101 of 2004. The Petitioner apprehending that her services may be terminated has approached this Court. 3. The Petitioner has raised the same and similar contentions as has been raised in Writ Petition No.3101 of 2004. In fact in the present case an advertisement was issued on 14th August, 1999 wherein it is specifically set out that in case the candidate for the specific reserved post is not available then it would be interchangable in other words in so far as present Petitioner is concerned, the substantial compliance is much more than what was set out in Writ Petition No.3101 of 2004 . . In the light of that the Petition will have to be allowed and directions will have to go to Respondent No.2 to regularise the Petitioner for the post with effect from 4th January, 1992. 3 4. In the light of that following order :- (a). Respondent No.2 is directed to regularise the Petitioner in the post of Lecturer in Oils, Fats and Waxes with effect from 4th January, 1992, and thereafter to consider the Petitioner for promotion to the next higher post along with other eligible candidates on her own merits. . Rule made absolute accordingly. No order as to costs. (F.I.REBELLO,J.) (F.I.REBELLO,J.) (F.I.REBELLO,J.) (S.P. KUKDAY,J.) (S.P. KUKDAY,J.) (S.P. KUKDAY,J.)