VISHAL BANSI TAMBE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, made returnable forthwith. With the consent of the learned Advocates for the respective parties, heard finally at the stage of admission.

(2.) By the present petition, petitioner seeks permanency/regularization on the post of lecturer in respondent No. 4 College. This Court had passed order dtd. 26/10/2016 granting liberty to the respondent College to consider petitioner 's case for absorption against the vacant open category post as per rules. In pursuance thereof, his case was considered and by communication dtd. 27/2/2020, the Joint Director of Technical Education, Nashik has rejected the same. The petitioner has amended the petition and setup a challenge to the communication dtd. 27/2/2020.

(3.) The short issue involved is about Petitioner 's entitlement for regularization of his services. The issue arises in the following factual background. Government Resolution was issued on 25/7/2002 by the State of Maharashtra thereby permitting contractual engagements in Technical Education Department, particularly in view of financial constraints of the State Government and inability of Maharashtra Public Service Commission to undertake and finalize the recruitment process. It is claimed by the Petitioner that by the Government Resolution dtd. 5/8/2011, one post of lecturer in Pharmacy was retrieved in respondent College for the academic year 2011-12. That in pursuance of the two Government Resolutions, the respondent College intended to fill up a post of Lecturer on contract basis and sought permission of the Joint Director of the Technical Education, who by letter dtd. 16/9/2011, granted such permission. Respondent college issued advertisement in the newspaper on 30/9/2011 for filling up the post of Lecturer in Pharmacy on contract basis. Applications were invited for walk-in interviews scheduled to be conducted on 3/10/2011. It is petitioner 's case that he fulfilled all eligibility criteria required for the post and accordingly applied in pursuance of the advertisement. He was one amongst 10 candidates, who appeared for interviews, which were conducted by the Committee of 14 Members including the Joint Director of Technical Education. He was selected for appointment. The respondent College sought permission of Joint Director of Technical Education by letter dtd. 3/10/2011, for appointment on contract basis w.e.f. 4/10/2011. He came to be appointed on the post of lecturer on contract basis vide order dtd. 5/10/2011. The appointment was on contract basis upto 31/5/2012 or till the appointment on regular lecturer, whichever occurred earlier. The Joint Director of Technical Education issued approval for the petitioner 's appointment vide letter dtd. 10/10/2011.