As per case facts, the petitioner was initially appointed in 1996 as a Clerk against a post reserved for the Scheduled Tribe (Halba) category. His caste claim was later invalidated, ...
wp3894-2009-J.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3894 OF 2009
Atul Yadavrao Barapatre,
Age 42 years, r/at Gajanan Apartment
Room No.3, Tisgaon Road, Behind
Shiv Sena Office, Kalyan (East),
District Thane 421 305… Petitioner
Vs.
1.University of Mumbai,
through the Registrar, D.N. Road,
Fort, Mumbai 400 023
2.The Joint Director Higher & Technical
Education, Elphinstone Technical
Institute, Dhobi Talao, Mumbai
3.State of Maharashtra,
through the Department of Higher &
Technical Education, Mantralaya
Annexe, Mumbai 400 032… Respondents
Mr. Mihir Desai, Senior Advocate i/by Ms. Rishika
Agarwal for the petitioner.
Mr. Rui A. Rodrigues for respondent No.1-University.
CORAM :AMIT BORKAR, J.
RESERVED ON :APRIL 30, 2026.
PRONOUNCED ON:MAY 7, 2026
1
ATUL
GANESH
KULKARNI
Digitally signed by
ATUL GANESH
KULKARNI
Date: 2026.05.07
11:50:15 +0530
wp3894-2009-J.doc
JUDGMENT:
1.By the present writ petition instituted under Articles 226 and
227 of the Constitution of India, the petitioner has called in
question the legality, correctness, and propriety of the order dated
17 March 2009 passed by the learned College Tribunal, whereby
the proceedings initiated by the petitioner came to be dismissed,
and the action impugned therein was sustained.
2.The brief facts giving rise to the present writ petition, as set
out by the petitioner, may be stated thus. A Government
Resolution dated 15 June 1995 came to be issued by the State
Government, whereby the Koshti community was identified and
included in the category of Special Backward Class (SBC), and
reservation to the extent of 2% was provided for candidates
belonging to the said category. The petitioner came to be
appointed on 14 August 1996 as a Clerk with respondent No.1
University against a post reserved for Scheduled Tribe category,
namely Halba community. Subsequently, the caste claim of the
petitioner was referred to the competent Caste Scrutiny Committee
for verification. The Scrutiny Committee, by its decision rendered
in the year 1997, invalidated the caste claim of the petitioner as
belonging to Halba Scheduled Tribe and recorded a finding that
the petitioner in fact belonged to the Koshti community, which was
recognized as falling under the Special Backward Class category.
3.Being aggrieved by the order passed by the Caste Scrutiny
Committee, the petitioner along with two similarly situated
employees approached this Court by filing separate writ petitions
2
wp3894-2009-J.doc
challenging the invalidation of their caste claims. However, by an
order dated 5 February 2004, the writ petition preferred by the
present petitioner came to be dismissed. In the meanwhile, the
State Government issued another Government Resolution dated 30
June 2004 providing, inter alia, that those candidates who had
been erroneously appointed against posts reserved for Scheduled
Tribes prior to 15 June 1995, though subsequently found not to
belong to the Scheduled Tribe category, would be granted
protection against termination from service.
4.Thereafter, respondent University constituted a Committee
under the chairmanship of Shri Rajendra Goswami for considering
the service status and continuation of the petitioner and two other
similarly situated employees. The said Committee, upon
consideration of the matter, recommended that the petitioner and
the concerned employees be absorbed against posts meant for the
Special Backward Class category in the University establishment.
The recommendations of the Committee came to be accepted by
the Management Council of the University, and the said decision
was communicated to the petitioner by letter dated 25 May 2005.
Thereafter, the petitioner came to be promoted to the post of
Senior Typist by an office order dated 9 December 2005. The
petitioner was accordingly treated as having been absorbed in
service as an SBC category employee and continued to discharge
duties in such capacity. By a further order dated 19 June 2006, the
services of the petitioner were continued by the University. It
further appears that the petitioner was subsequently issued a fresh
caste certificate recognizing him as belonging to the SBC category
3
wp3894-2009-J.doc
by the competent Caste Scrutiny Committee at Nagpur.
5.It is the case of the petitioner that respondent University
thereafter received a communication dated 13 February 2007
issued by the Desk Officer, Higher and Technical Education
Department, directing that the services of the petitioner and two
other similarly situated employees be terminated. Apprehending
coercive action on the basis of the said communication, the
petitioner approached this Court by filing Writ Petition No.486 of
2007. During pendency of the said proceedings, the petitioner was
served with an order dated 2 March 2007 terminating his services.
On the very same date, a copy of the communication dated 13
February 2007 was also furnished to the petitioner, which
according to him had not been supplied earlier, though the
apprehension arising therefrom had already compelled him to
invoke the writ jurisdiction of this Court.
6.This Court, by an order dated 25 March 2008, directed the
petitioner to avail of the alternative statutory remedy before the
College Tribunal. Pursuant thereto, the petitioner approached the
learned College Tribunal by instituting appropriate proceedings
challenging the order of termination. The learned College
Tribunal, however, by its order dated 17 March 2008, dismissed
the appeal preferred by the petitioner. Being dissatisfied with the
said adjudication and contending that the Tribunal failed to
properly appreciate the factual and legal aspects governing the
controversy, the petitioner has instituted the present writ petition
invoking the supervisory and extraordinary jurisdiction of this
Court.
4
wp3894-2009-J.doc
7.Mr. Desai, learned Senior Counsel appearing on behalf of the
petitioner, submitted that the petitioner was never continued
against the very same post on which he was initially appointed
under the Scheduled Tribe category and reflected as such in the
reservation roster. According to the learned Senior Counsel, the
petitioner possessed all requisite qualifications for holding the post
in question and had rendered uninterrupted service for more than
a decade with an unblemished record. It is further submitted that,
in recognition of his satisfactory service performance, the
petitioner was also promoted to the post of Senior Clerk. Learned
Senior Counsel would contend that the petitioner was
subsequently absorbed against an altogether distinct post
earmarked for the Special Backward Class category in terms of the
Government Resolution dated 15 June 1995. It is therefore urged
that the continuation of the petitioner in service was not by way of
any protective measure extended to employees appointed prior to
15 June 1995, nor could such continuation be equated with the
protection contemplated by the judgment of the Supreme Court in
State of Maharashtra vs. Milind, 2001(1) Mh.L.J. (SC) 1.
8.Elaborating the aforesaid submissions, Mr. Desai contended
that merely because the Government Resolution contemplates
filling up of posts reserved for Special Backward Class candidates
through direct recruitment, the same by itself does not prohibit or
exclude absorption of an employee in an appropriate case.
According to him, the petitioner, pursuant to the recommendations
of the Jitendra Goswami Committee, came to be adjusted and
absorbed within the 2% quota reserved for Special Backward Class
5
wp3894-2009-J.doc
candidates and that too at a separate and distinct point in the
reservation roster. It is submitted that by virtue of such absorption,
the petitioner ceased to hold the post reserved for Scheduled Tribe
candidates and the conditions attached to such reserved category
post no longer survived. Learned Senior Counsel therefore urged
that the absorption of the petitioner against the Special Backward
Class quota was lawful, valid and regular in all respects.
9.Per contra, Mr. Rodrigues, learned Counsel appearing for
respondent No.1 University, opposed the petition and submitted
that the University had referred the case of the petitioner to
respondent No.2, namely the Joint Director of Higher and
Technical Education, Mumbai Region, Mumbai, for approval in
respect of the action taken by the University in absorbing the
petitioner under the Special Backward Class category and
continuing him in service. It is submitted that respondent No.2
thereafter referred the matter to respondent No.3, namely the
Department of Higher and Technical Education, Government of
Maharashtra, Mantralaya, Mumbai. According to the learned
Counsel, respondent No.3, by communication dated 13 February
2007, informed respondent No.1 University that since the
petitioner had entered service after issuance of Government
Resolution dated 15 June 1995, he was not entitled to any
protection in service, and accordingly directed the University to
terminate his services forthwith. Pursuant thereto, respondent
No.1 issued the order dated 2 March 2007 terminating the services
of the petitioner. Learned Counsel submitted that being aggrieved
thereby, the petitioner preferred an appeal under Section 59(1) of
6
wp3894-2009-J.doc
the Maharashtra Universities Act, 1994 before the College
Tribunal, Mumbai being Appeal No.79 of 2008. It is submitted that
the learned College Tribunal, upon consideration of the matter,
categorically held that the petitioner was not entitled to absorption
against the backlog vacancy of the Special Backward Class
category and further held that the petitioner was not entitled to
reinstatement with full back wages.
10.Mr. Rodrigues further submitted that the reservation
contemplated under the Government Resolution was intended
exclusively for candidates belonging to the Special Backward Class
category at the stage of initial recruitment and not for absorption
of persons like the petitioner, who had originally secured
appointment against a post reserved for Scheduled Tribe
candidates upon claiming to belong to a Scheduled Tribe category.
According to the learned Counsel, the very basis of the petitioner’s
initial appointment was his representation that he belonged to
Halba Scheduled Tribe, and therefore subsequent absorption in the
Special Backward Class category could not be sustained in law.
11.Inviting attention to paragraph 4 of the Government
Resolution dated 15 June 1995, Mr. Rodrigues submitted that the
reservation of 2% in favour of Special Backward Class candidates
was specifically made applicable at the stage of fresh recruitment.
According to him, though the petitioner was appointed after
issuance of the said Government Resolution, such appointment
was admittedly against a post reserved for Scheduled Tribe
category and not against a post reserved for Special Backward
Class category. Learned Counsel further submitted that an identical
7
wp3894-2009-J.doc
contention had earlier been raised by the petitioner before this
Court in Writ Petition No.5281 of 1997, which came to be
expressly rejected.
12.Learned Counsel for respondent No.1 further pointed out
that subsequent to termination of the petitioner from service, the
University has already appointed one Smt. A.A. Kadulkar against
the post which was earlier held by the petitioner.
13.Without prejudice to his principal submissions, Mr. Desai,
learned Senior Counsel appearing for the petitioner, submitted that
even assuming this Court were to uphold the legality of the
impugned order, the services rendered by the petitioner from the
date of his initial appointment i.e. 20 August 1996 till the date of
termination deserve to be treated as qualifying service for the
purposes of pensionary and retiral benefits. In support of the said
submission, reliance was placed upon Rule 30 of the Maharashtra
Cooperative Societies Rules, 1961.
14.In rejoinder, Mr. Rodrigues, learned Counsel for respondent
No.1, by inviting attention to the communication issued by the
State Government, submitted that the decision ultimately taken by
the University was merely in compliance with the binding
directions issued by the State Government under the provisions of
the Maharashtra Universities Act. It is submitted that in absence of
any substantive challenge to the communication and directive
issued by the State Government, the challenge raised only to the
consequential order passed by the University under Section 59
proceedings would be of no avail. Learned Counsel further
8
wp3894-2009-J.doc
submitted that merely because the petitioner’s case had been
favourably considered by a one member committee and such
recommendation was accepted at the level of the Vice Chancellor,
the same could not override or prevail upon the binding directive
subsequently issued by the State Government. He therefore
submitted that the learned College Tribunal committed no error in
dismissing the appeal preferred by the petitioner.
REASONS AND ANALYSIS:
15.I have given thoughtful consideration to the rival
submissions advanced on behalf of the parties and also to the
documents and material placed on record.
16.The first submission advanced by Mr. Desai, learned Senior
Counsel appearing for the petitioner, is that the petitioner was
never thereafter continued on the very same post which was
originally earmarked for Scheduled Tribe category in the
reservation roster. Learned Senior Counsel submitted that after the
caste claim came to be invalidated, the petitioner was shifted and
absorbed against a different post reserved for SBC category and,
therefore, the present case should not be treated as a case of
protecting a wrongly appointed Scheduled Tribe employee.
According to him, once the petitioner stood absorbed in another
category and at another roster point, the original defect attached
to the first appointment ceased to survive. At first glance, this
submission appears attractive and carries certain persuasive value
because the material placed on record indeed shows that the
University authorities took steps to treat the petitioner differently
9
wp3894-2009-J.doc
after the Scrutiny Committee decision. However, upon deeper
examination, this Court is unable to accept the submission in the
manner canvassed by the petitioner. The issue cannot be decided
merely on change of nomenclature of roster position. Substance of
the matter must prevail over form. The petitioner entered service
only because he claimed to belong to Halba Scheduled Tribe
category and secured appointment against a reserved post meant
for such category. The foundation of entry into service was
therefore based on the Scheduled Tribe claim. Once the Scrutiny
Committee invalidated such caste claim and recorded a finding
that the petitioner did not belong to Halba community, the
foundation of the appointment itself became vulnerable. In such
situation, mere subsequent absorption by an administrative
procedure would not cure the defect unless the law itself
specifically authorises such course. No provision has been shown
to this Court under which a candidate whose original caste claim
failed could migrate into another reserved category by way of
absorption. The petitioner has relied more upon equitable
considerations and administrative decisions than upon any
statutory source of power. In absence of such legal authority, the
subsequent absorption cannot independently create a vested right
in favour of the petitioner. The Court cannot overlook the origin of
the initial appointment while examining legality of subsequent
continuation.
17.The second limb of submission advanced on behalf of the
petitioner is that the petitioner was qualified for the post, rendered
service continuously for more than ten years, discharged duties
10
wp3894-2009-J.doc
satisfactorily and was even promoted to the post of Senior Clerk. It
is submitted that these circumstances justify protection of service.
There is no serious dispute before this Court regarding the fact
that the petitioner had in fact worked for a considerable period in
the University establishment. The record also does not indicate
that his work performance was unsatisfactory or that there existed
any disciplinary proceedings or adverse remarks against him. On
the contrary, the fact of promotion granted to him prima facie
indicates that his work was found acceptable by the employer. This
Court is conscious of the hardship which may be caused to an
employee who has served for long years and thereafter loses
employment. However, hardship alone cannot become the sole
basis of judicial determination. Courts exercising writ jurisdiction
are equired to test legality of action. A long period of service,
cannot by itself legalise an appointment if the entry into service
suffers from legal infirmity. Equally, grant of promotion cannot
operate as conclusive proof validating an appointment which was
initially obtained against a reserved category post on the basis of a
caste claim that ultimately failed verification. If such argument is
accepted, it would amount to holding that passage of time cures
every defect in appointment, which proposition is contrary to
settled principles governing public employment. Public posts
reserved under constitutional scheme are intended for genuine
candidates belonging to the concerned category, and continuation
of an ineligible person on such post affects rights of other eligible
candidates waiting within that category. Therefore, though equity
and compassion may persuade the Court at the emotional level,
11
wp3894-2009-J.doc
the same cannot override the reservation policy and the binding
Government Resolutions governing the field. The Court has to
balance individual hardship with constitutional discipline. In the
present case, the latter must prevail.
18.Much emphasis was laid by Mr. Desai upon the Government
Resolution dated 15 June 1995 and the subsequent
recommendation of the committee constituted by the University, in
support of the contention that the petitioner was absorbed against
a separate post within the 2% quota reserved for Special Backward
Class candidates. According to the learned Senior Counsel, the
Government Resolution merely speaks about earmarking
reservation for SBC candidates and nowhere prohibits absorption
of existing employees into such quota. It was argued that when the
policy itself does not bar absorption, the University was justified in
accommodating the petitioner within the SBC category after
recognising him as belonging to Koshti community. This
submission also requires careful consideration. It is true that
administrative authorities may in certain circumstances adopt
practical measures to avoid hardship. However, when the matter
concerns reservation and public employment, the action must trace
its source to law and cannot rest only upon administrative
convenience. On careful reading of the Government Resolution
placed before this Court, it appears that the reservation
contemplated therein was intended for fresh recruitment of SBC
candidates. The language employed in the resolution does not
indicate any independent scheme authorising migration or transfer
of employees from one reserved category to another after
12
wp3894-2009-J.doc
invalidation of caste claim. The petitioner seeks to infer such
power by implication. Where the policy specifies the mode and
stage of reservation, the Court cannot introduce an additional
procedure not contemplated therein. Absorption is not an
incidental consequence flowing from reservation policy. It requires
a legal foundation because it directly affects roster management
and rights of other reserved category candidates. In absence of
enabling provision, the action of absorption undertaken by the
University cannot be elevated to the status of a protected right.
Administrative recommendation of a committee may carry
equitable value, but it cannot override the reservation structure or
enlarge the scope of Government policy.
19.The petitioner has further placed reliance upon the decision
in
State of Maharashtra v. Milind in support of his contention that
protection ought to have been extended to him despite
invalidation of caste claim. This Court is unable to find assistance
from the said judgment in the facts of the present case. The
principle flowing from the said decision was considered in earlier
proceedings also. However, what assumes importance is that after
the said judgment the State Government itself issued policy
decisions prescribing a cut-off date and limiting the benefit of
protection only to those employees who satisfied the conditions
mentioned therein. The material placed before this Court indicates
that the petitioner was appointed in the year 1996, namely after
the cut-off date of 15 June 1995 referred to in the Government
Resolution. Therefore, the petitioner does not fall within the
category of employees whom the State decided to protect despite
13
wp3894-2009-J.doc
invalidation of caste claim. The distinction created by the State
policy cannot be ignored by the Court. Once the Government has
fixed a date and restricted protection only to a class of employees,
the Court cannot enlarge such protection to another class on
equitable considerations. Doing so would amount to rewriting the
policy itself. Furthermore, the petitioner’s appointment originated
from a caste claim which ultimately came to be rejected by the
Scrutiny Committee. Therefore, even on equitable considerations,
the petitioner cannot seek parity with those cases where protection
was intended by the State policy. The submission of the
respondents that the petitioner stood outside scope of the
Government Resolution therefore deserves acceptance.
20.The alternative submission advanced by Mr. Desai that, at
the least, the period of service rendered by the petitioner from the
date of appointment till termination ought to be treated as
qualifying service for pensionary and retiral benefits also cannot
constitute an independent basis for interfering with the order of
termination. The issue of pension stands on a different footing
altogether. A claim regarding retiral benefits arises from service
rules and length of qualifying service. Such claim does not
determine legality or illegality of appointment. Even if it is
assumed that the petitioner may otherwise become entitled to
limited service benefits under applicable rules, that circumstance
would not validate continuation in service if the continuation itself
lacks legal sanction. The Court cannot set aside a termination
merely because the employee may subsequently become entitled to
certain consequential benefits. The two questions are separate and
14
wp3894-2009-J.doc
must be independently examined. At the highest, if the applicable
rules permit consideration of past service for pensionary purpose,
the competent authority may examine such issue in accordance
with law.
21.Coming now to the submissions advanced on behalf of the
University, Mr. Rodrigues, learned counsel appearing for
respondent No.1, has strongly contended that the University had
not acted arbitrarily while terminating the services of the
petitioner. According to him, after the issue regarding continuation
of the petitioner arose, the matter was specifically referred by the
University to the State Government through the concerned
educational authorities for guidance. It is submitted that the State
Government thereafter examined the issue and by communication
dated 13 February 2007 clearly directed that the petitioner was not
entitled to protection since he had entered service after 15 June
1995, namely after the cut-off date prescribed in the Government
policy. Therefore, according to the respondents, once such
direction was issued by the competent department of the State
Government, the University was left with no discretion except to
implement the same. On careful consideration of the record, this
submission cannot be brushed aside lightly. The documents placed
before this Court do indicate that the University had sought
guidance from governmental authorities and the termination order
came to be issued only after receipt of the Government
communication. Thus, it cannot be said that the University acted
on its own desire or out of any independent intention to remove
the petitioner from service. The action appears to have been taken
15
wp3894-2009-J.doc
pursuant to a direction issued from the department exercising
control over universities.
22.In matters relating to public employment and reservation
policy, directions issued by the State Government carry
considerable force, especially where the institution concerned
functions within the statute created under State legislation. The
University may possess certain administrative autonomy, but such
autonomy cannot be stretched to ignore binding governmental
instructions relating to reservation policy and continuation of
employees whose caste claims have failed. The petitioner has
challenged the consequential order of termination issued by the
University. However, significantly, the foundational communication
dated 13 February 2007 issued by the State Government has not
been independently assailed on grounds of lack of authority, mala
fides or violation of constitutional provisions. Unless the source
direction itself is shown to be illegal, the consequential
implementation thereof by the University cannot be faulted. Once
the superior authority directs a course permissible in law, the
subordinate authority implementing the same cannot be singled
out for invalidation merely because at some earlier stage another
internal view was prevailing. Therefore, merely because an earlier
committee of the University had once recommended absorption of
the petitioner, that circumstance alone does not render the later
action of the University illegal when the same was undertaken in
obedience to the State Government directive.
23.The petitioner has placed considerable reliance upon the
recommendation made by the Jitendra Goswami Committee and
16
wp3894-2009-J.doc
the fact that such recommendation was accepted by the Vice
Chancellor and the Management Council. It has been urged that
once the highest authorities of the University decided to absorb the
petitioner in the SBC category and continued him in service, a
legitimate expectation arose in favour of the petitioner that his
service stood regularised. At an equitable level, the submission
appears understandable because an employee who is continued for
years after a decision of absorption may believe that the
controversy regarding his appointment has attained finality.
However, the legal position stands on a different footing. An
administrative recommendation, even if approved by university
bodies, cannot create an indefeasible right if the same is contrary
to statutory policy or binding governmental direction.
Administrative authorities are creatures of statute and their
decisions must remain within the limits prescribed by law. If the
State Government, which exercises policy control in such matters,
takes a contrary decision on interpretation of the Government
Resolution and directs termination, the earlier administrative
arrangement cannot prevail over such directive. The
recommendation of the committee therefore has to be understood
only as an administrative measure intended perhaps to avoid
hardship to the petitioner. Such recommendation may show that
the University was initially sympathetic towards the petitioner and
attempted to find a solution after invalidation of the caste claim.
However, administrative accommodation cannot substitute a
source of power. If the underlying Government Resolution did not
authorise such absorption. The Vice Chancellor or Management
17
wp3894-2009-J.doc
Council could not have exercised powers beyond what was
permissible. Therefore, once the State Government clarified by its
later communication that protection was not available to
employees appointed after 15 June 1995, the earlier
recommendation necessarily became subordinate to the later
binding direction. In such circumstances, the subsequent order of
termination cannot be labelled arbitrary merely because at one
earlier point of time the University had adopted a different
approach. In administrative law, a later direction issued by the
competent controlling authority supersedes prior administrative
decisions. Hence, the submission of the petitioner based upon the
committee recommendation cannot be accepted as sufficient to
invalidate the impugned action.
24.The petitioner has also attempted to rely upon the fact that
after termination of his services, one Smt. A.A. Kadulkar came to
be appointed against the same post earlier occupied by him.
According to the petitioner, this circumstance indicates that the
post continued to exist and therefore there was no necessity to
remove him from service. This submission also cannot carry the
matter further. Existence of vacancy and entitlement to occupy
such vacancy are two distinct matters. Merely because a post
survives after termination of one employee does not mean that the
terminated employee acquires an enforceable right to continue on
that post irrespective of eligibility. Public employment is regulated
by constitutional and statutory norms. If the petitioner’s
continuation became inconsistent with the reservation policy after
invalidation of his caste claim and after issuance of the
18
wp3894-2009-J.doc
Government direction refusing protection, the mere fact that
another person later came to be appointed cannot revive or
validate the petitioner’s claim. At the highest, the later
appointment only establishes that the University filled the vacancy
in accordance with its requirements. It does not establish illegality
in termination of the petitioner.
25.There is another aspect also. Once the petitioner’s
continuation itself became legally doubtful in view of the
Government policy, the University was under obligation to fill the
post in accordance with applicable reservation rules and roster
requirements. Therefore, appointment of another candidate after
termination of the petitioner cannot be treated as unfair.
26.The findings recorded by the learned College Tribunal also
do not appear to suffer from perversity or patent legal infirmity.
This Court exercising jurisdiction under Articles 226 and 227 of
the Constitution does not sit as an appellate authority over every
finding recorded by the Tribunal. Interference is ordinarily
warranted only when findings are shown to be perverse, wholly
unsupported by record, contrary to law, or resulting in manifest
injustice. In the present matter, the reasoning adopted by the
Tribunal appears to flow logically from the Government policy and
the admitted chronology of events. The Tribunal cannot be faulted
merely because another possible view could also be argued by the
petitioner. So long as the view adopted by the Tribunal is a
plausible and legally sustainable view emerging from the material
before it, this Court would be slow in exercising supervisory
jurisdiction to upset such conclusion. On careful scrutiny, no
19
wp3894-2009-J.doc
jurisdictional error or patent illegality is demonstrated in the order
of the Tribunal.
27.In view of the foregoing discussion, and upon overall
assessment of the material submissions, the following order is
passed:
(i) The writ petition stands dismissed;
(ii) The judgment and order dated 17 March 2009 passed
by the learned College Tribunal are hereby confirmed;
(iii) The order dated 2 March 2007 terminating the services
of the petitioner does not warrant interference in exercise of
writ jurisdiction under Articles 226 and 227 of the
Constitution of India;
(iv) It is, however, clarified that dismissal of the present
petition shall not preclude the petitioner from making an
appropriate representation before the competent authority
for consideration of pensionary or other retiral benefits, if
otherwise permissible in law and under the applicable
service rules;
(v) In the event such representation is made by the
petitioner within a period of eight weeks from today, the
competent authority shall consider and decide the same on
its own merits and in accordance with law, without being
influenced by dismissal of the present writ petition;
(vi) Rule stands discharged. No order as to costs;
20
wp3894-2009-J.doc
(vii) Pending interim applications, if any, do not survive and
stand disposed of accordingly.
(AMIT BORKAR, J.)
21
Legal Notes
Add a Note....