Swatanter Kumar, J. - (1.) The services of Ramesh Gajendra Jadhav, the appellant herein, were terminated by Principal of the respondent college on 18thAugust, 1999 who, then filed an appeal before Shivaji University & College Tribunal, Pune, University Campus under Section 59(1) of Maharashtra Universities Act, 1994. The grievance of the appellant was that he had been appointed as a regular lecturer of Geography in the said College and the oral termination was unjustified, contrary to Rules and without any basis. On the contrary, the College as well as University ought to have permitted him to continue as a regular lecturer in the College. The Tribunal, vide its judgment dated 21stJuly, 2004 found substance in the case of the appellant and while accepting his appeal the order of termination was quashed and set aside and he was ordered to be reinstated w.e.f. 15th September 2000 with full back wages. The College as well as the Secretary of Sambhaji Rao Garad Shikshan Prasarak Mandal, Mohol, Solapur District, filed a Writ Petition in the High Court of Judicature at Bombay being Writ Petition No. 9935 of 2004, which the learned Single Judge, after hearing the parties and vide a detailed judgment accepted the Writ Petition by setting aside the order of the Tribunal and issuing certain directions. The High Court held that the post of the lecturer in Geography was not meant for open category candidates but was reserved for SC category alone. The Court also declined to give advantage to the present appellant on account of any mistake of the authorities concerned. Merely, because the appellant was selected, the Court declined to accept the contention that the appellant had an indefeasible right to the post. Resultantly, the Court sustained the order passed by the College and the University authorities.
(2.) Aggrieved by the judgment of the High Court dated 7thDecember, 2006, the appellant filed an appeal before the Division Bench of the High Court of Judicature at Bombay, which was also dismissed vide order dated 6th June, 2007. The Division Bench held as under: 6. The finding arrived at by the learned Single Judge was based on the record, which clearly indicates that the post of lecturer in Geography was reserved for S.C. candidate and not for the candidate from open category and, therefore, the Single Judge held that the decision of the Tribunal was not justified while allowing the appeal of the Management. 7. The learned Counsel for the appellant, submitted that for no fault of the appellant, his services could not have been discontinued and the findings of the School Tribunal are findings of fact, which cannot be held to be perverse so as to call for interference in exercise of writ jurisdiction. 8. We find that the view taken by the learned Single Judge is based on the correct state of affairs which was ignored by the Tribunal, which based its findings on the advertisement, pursuant to which the appellant was selected, however, the said advertisement was not correct. 9. The learned Single Judge has rightly observed that merely because the Authorities have committed an error in the matter of the advertisement of the post and though it was approved by the University, was also not correct and the University, subsequently, rectified its error by canceling the approval of the appellant. The appellant has no case. Therefore, we do not find any merit in the appeal. The appeal is accordingly dismissed.
(3.) Aggrieved by the reasoning and decision of the Division Bench, the appellant filed the present appeal.;