1 221-wp-3831-2000.sxw dgm
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE CIVIL JURISDICTION
WRIT PETITION NO. 3831 OF 2000
Miss Chandbibi Usmangani Khalifa, residing at Shende Colony, At & Post:
Kodoli, taluka Panhala, Dist. Kolhapur .... Petitioner/Appellant vs
1 The Secretary, Swami Vivekanand Shikshan Sanstha, Tarabai Park, Kolhapur.
2 The Principle, College of Education, Pantacha Got, Somwar Peth,Karad, Dist. Satara
3 The Vice Chancellor, Shivaji University, Kolhapur
4 The Joint Director of Education(Higher) Kolhapur Region, Rajaram College Compound, Kolhapur.
5 Miss Arundhati Chavan, At & Post:
Kumbhargaon, Taluka;Patan, Dist : Satara.
6 Deleted as per order dt.20/7/01.
7 State of Maharashtra
8 Miss. B.R. Hable, C/o. College of Education Karad (Dist. Satara) .... Respondents
None for the petitioner.
Mr. P.D. Dalvi i/by Mr. G.H.Keluskar for respondents 1 and 2. Mr. A.D. Kango, AGP for Respondents 4 and 7.
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CORAM: ANOOP V. MOHTA, J.
DATE : June 15, 2012
ORAL JUDGMENT:
The Petitioner belongs to open category, but admittedly as recorded and as admitted, the post in question was for reserved category. Though the Petitioner was appointed from time to time, yet not continued, cannot claim right of permanency and/or continuity of service. Therefore, after considering this basic issue apart from the other issues as referred and decided by the impugned order, her claim/appeal was dismissed on 9 February 2000 by the Presiding Officer, College Tribunal.
2 The Petition was filed. The interim order so granted was subsequently vacated by consent of the parties and in view of the settled law laid down by the Court and the policy in question. The Petitioner, therefore, admittedly, is out of service since 2002. A statement was is made that she was never in service thereafter.
3 The learned counsel appearing for the Respondent has pointed out the following judgments :
(i) VilasraoSarjerao Patil vs. Asarondi Panchkroshi
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Shikshan Prasarak Mandal, 2004(4) Mh.L. J. 762
(ii) Head MasterKalsulkar English School and anr. vs. Kalpana Sanjay Chaugule, 2007(6) Mh.L.J. 742;
(iii) Anna Manikrao Pethe vs. Pesiding Officer, School Tribunal, Amravati and Aurangabad Division, wp- 8731-11Amravati; 1997(3) Mh.L.J. 697.
4 I have also and as pointed out in Vilas Patil (supra), considering the policy as well as the principle; it is clearly observed that unless the post if de-reserved, a candidate from open category appointed temporary in such vacancy of Scheduled Caste or Scheduled Tribe category cannot claim for permanency on the said reserved post. The above settled position, therefore, in my view, concludes the issue and goes to the root of the present Petition. The Petition deserves to be dismissed.
5 The Petition is accordingly dismissed. Liberty is granted to the Petitioner to apply for modification of order, if so desired.
(ANOOP V. MOHTA, J.)
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