WP(C) 4856/2004 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY 1. Heard Mr. P Kalita, learned counsel appearing for the petitioner. Also h eard Ms. M Gogoi Medhi, learned standing counsel appearing for the respondent No s.1 and 2. Argument on behalf of respondent Nos.3 and 4 is advanced by Mr. K K P hukan, the learned counsel. 2. The petitioner who was appointed as lecturer in Sociology in Manohari De vi Kanoi Girls College, Dibrugarh against a leave vacancy on the basis of resolu tion adopted on 12th November, 1998 in a proceeding of the Special Body of the c ollege, seeks regularization of her service. The petitioner also challenges the newspaper advertisement dated 13th June 2004, whereby applications were invited by the college Principal for filling up post of lecturer in Sociology on regular basis. 3. Since the petitioner was appointed after due advertisement and selection and she has worked since the year 1998, the petitioner contends that she has a right to have her services regularised as she fulfils the necessary UGC norms fo r appointment of lecturer. She also contends that since applications are invited only from OBC/MOBC category candidates, the petitioner being a general category candidate, will not be able to participate in the selection process and accordi ngly she will be jobless if the impugned process of recruitment is not interfere d by the Court. 4.1 Appearing for the college Authorities, Mr. KK Phukan, learned counsel fo r the College Authorities has produced the copy of proceeding of the Governing B ody of the College of 12th November, 1998 which shows that the regular lecturer of the Sociology Department, Smti. Deepa Buragohain was granted leave and the re sultant leave vacancy was advertised in two newspapers, on 9th October, 1998 (Da inik Janambhoomi) and on 18th October, 1998 (The Assam Tribune). The petitioner who was then serving as an ad-hoc lecturer, applied for appointment against the leave vacancy was selected and she was appointed in the leave vacancy on 14th No vember, 1998. 4.2 Mr. Phukan points out that when extension of leave was sought by Smti De epa Buragohain (the regular lecturer), the service of the petitioner was also ex tended and eventually when the regular lecturer resigned from the post, the coll ege Authorities decided to fill up the resultant vacancy through a process of ad vertisement and selection. 4.3 The learned counsel refers to the proceeding of the Governing Body dated 22nd May, 2004 and submits that the vacancy of lecturer in the Department of Ph ilosophy and Sociology as per the reservation roster at that point of time, were required to be filled up from reserve category candidates and the post of lectu rer in Sociology, as per the roster maintained in the College, was reserved for OBC/MOBC candidates. Accordingly a decision was taken to invite applications fro m eligible category candidates and accordingly the impugned advertisement was is sued on 13th June, 2004 (Annexure-IX). 5. In this case it is not in dispute that the petitioner, who was initially serving on ad-hoc basis was appointed in a regular post in a leave vacancy and she has no legally enforceable right to continue in the said post after the term of leave is over. 6. Furthermore when a regular vacancy has occurred with resignation of the regular lecturer, the post should be filled up by following due process of law a nd on the basis of service rendered in a leave vacancy, no right accrues to clai m regularization in the post of lecturer. 7. The assertion of the appointing Authorities that the post is required to be filled up by OBC/MOBC candidate as per the roster maintained by the college, is not rebutted by the petitioner and the petitioner being a general category c andidate, is not even eligible to apply for the advertised post of lecturer in S ociology. 8. In the above circumstances, I hold that the petitioner has no right to h ave her service regularised on the basis of the service rendered in a leave vaca ncy. When a regular vacancy has occurred through resignation, it has to be fille d up by following the prescribed norms and no automatic claim for regularization of service can be entertained from a person serving in a leave vacancy. 9. For the foregoing reasons, I se no merit in this case and the same is ac cordingly dismissed.