A part-time lecturer sought regular appointment and salary continuation. The single judge found no order discontinued her services or rejected her candidature, characterizing her claim as mere apprehension with no justiciable dispute hence dismissing the writ petition.
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HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
WRIT PETITION No.2658 of 2012
Dt:- 03.02.2012
Between:-
Malathoti Swaroopa
… Petitioner
and
The Director of Intermediate Education and others
… Respondents
This Court made the following:-
HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
WRIT PETITION No.2658 OF 2012
ORDER: -
I am unable to see any grievance on the part of the petitioner. Petitioner has been working as Part Time Lecturer in Chemistry. According to her, she belongs to S.C.Women Category and eligible to be regularly appointed. The process of regular selection was already permitted by the Director of Intermediate Education as per his proceedings, dated 04.02.2011, and accordingly a notification was already issued for filling up the said post on regular basis. Petitioner has applied for and it is stated that she has been interviewed as well. No final selection, however, has been made. Meanwhile, the petitioner has been given a good certificate by the College where she was working as a Part Time Lecturer. Petitioner claims that she has not received her salaries as well and seeks that she should be continued in the existing post in which she is working.
I am unable to see any order discontinuing petitioner’s services
nor any order rejecting her candidature. Since the petitioner has already appeared for selection, the authorities concerned will certainly consider petitioner for the said post and as on today it is only petitioner’s apprehension. So far as the claim for salary is concerned, petitioner is free to make such a claim as against the college. No reasons to entertain the writ petition and no Mandamus as sought for can be granted.
Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.
_____________________________ VILAS V. AFZULPURKAR, J
03.02.2012 lmv
HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
WRIT PETITION No.2658 OF 2012
03.02.2012
lmv
2 issues framed by the court
Whether a writ petition seeking regular appointment and salary continuation for a part-time lecturer facing apprehension of non-selection is maintainable.
Whether the learned authorities' inaction amounts to a justiciable grievance warranting issuance of a writ of mandamus.
Malathoti Swaroopa
The Director of Intermediate Education and others
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
