- (1.) Leave granted.
(2.) In this appeal, the appellant questions the correctness of the judgment and order dated 7th March, 2006 passed by a Division Bench of the Bombay High Court in Writ Petition No.5652 of 2003 by which the High Court had allowed the writ petition filed by the respondent No.1 challenging the appointment of the appellant as a permanent teacher of Dr. Babasaheb Ambedkar Mahavidyalaya, Peth Vadgaon, Dist. Kolhapur.
(3.) The appellant was initially appointed as a Full-Time teacher in Hindi by an order of appointment dated 10th of July, 1986 on a temporary basis for a period of one year. The appointment continued, since then, every year on the same terms and conditions. On 27th of June, 1991, an advertisement in a Daily Newspaper was published by Jai Prakash Education Society, respondent No.2 herein, advertising three posts, including the post of a teacher in Hindi. A bare perusal of the advertisement would show that all the three posts advertised were reserved for candidates belonging to Scheduled Tribe/D.T and N.T. categories. The appellant was from the general category. Nevertheless, by an order dated 16th of July, 1991, she was appointed a full time teacher in Hindi to the aforesaid post reserved for Scheduled Tribe/D.T. and N.T. category candidates. The writ petitioner-respondent No.1 herein, also applied for appointment to the said post of a teacher in Hindi on the basis of the advertisement, as indicated hereinabove. The respondent No.1 was a scheduled caste candidate, which is not in dispute. However, she was appointed, by an order dated 16th of July, 1991, as a part time Hindi teacher.;