VARSHA D/O MANOHAR DHONGADE Vs. MARATHWADA LEGAL AND GENERAL EDUCATION SOCIETY
HIGH COURT OF BOMBAY
Varsha D/O Manohar Dhongade
Marathwada Legal And General Education Society
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R. D. Dhanuka, J. -
(1.) By this writ petition filed under Article 226 of the Constitution of India, the petitioner seeks writ of mandamus against the respondent nos.1 and 2 i.e.The Marathwada Legal and General Education Society and the Principal respectively to apply for de-reservation of post of Lecturer in English reserved for Scheduled Tribes and to take necessary steps for de-reservation of posts, as provided under Government Resolution Dated 5th December 1994. The petitioner also seeks a writ of certiorari for quashing and setting aside the decision of the management Council of Dr.Babasaheb Ambedkar Marathwada University, Aurangabad, the respondent no.3 herein by which the recommendations of the University Grievance Redressal Committee in respect of regularization of services of the petitioner in its meeting held on 29th January 2003 was rejected. Some of the relevant facts for the purpose of deciding this petition are as under :-
(2.) It is the case of the petitioner that the respondent no.1- Society is running Women College as well as Law College at Samarthanagar, Aurangabad duly registered under the Bombay Public Trusts Act, 1950 as well as Registration of Societies Act, 1860. The petitioner possessed M.A. (English). It is the case of the petitioner that the petitioner had passed M.Phil examination. She had passed examination prior to the date of filing of writ petition but had to submit thesis for the purpose of obtaining M.Phil degree. The petitioner had also applied for National Eligibility Test Examination and had proposed to appear for the said examination which was scheduled to be held on 25th June 2006.
(3.) On 1st July 1994, the petitioner applied for post of Lecturer in English pursuant to an advertisement published in daily "Lokmat." The petitioner was selected by the Local Managing Committee and was appointed as Contributory Lecturer in English in Mahila Kala Mahavidyalaya, Aurangabad vide an order dated 5th October 1994.;
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