Prerna A.P. Singh vs Vice Chancellor, Amravati ...
2002 Latest Caselaw 441 Bom

JUDGMENT

R.S. Mohite, J.

1. Rule. By consent Rule is made returnable forthwith.

2. All respondents waive notice.

3. This is a writ petition which challenges an order passed by the Vice Chancellor, Amravati University on 5-4-2002 on an appeal made by the petitioner under the provisions of Statute 15 of 2000. In the present case the petitioner was appointed as lecturer in English language in S.S.R.M. Mahila Mahavidyalaya, Khamgaon in August, 1990. The respondent No. 3, Principal of the same college was earlier working in Dr. G.K. College, Telhara since 23-7-1973. In that College he was a Lecturer in English language. He joined S.S.R. Mahila Mahavidyalaya, Khamgaon in the year 1995, where the petitioner was working as lecturer in the department of English. Under Statute 11, the name of seniormost lecturer has to be designated by the principal for the purpose of election to the Board of Studies as contemplated under section 37(2)(b) of Maharashtra Universities Act, 1994. The respondent No. 3, the principal designated himself as Head of the Department of English subject. The petitioner filed an appeal before the Vice Chancellor, Amravati as provided by Statute 11 and on dated 5-4-2002 the Vice-Chancellor passed the impugned order.

4. There is no dispute that both the petitioner and respondent No. 3 are working in English department. The short question is that, who can be considered as senior? The relevant ordinance which covers the question of seniority of teacher is Ordinance No. 24. In particular para 49 of this ordinance provides for the manner in which seniority should be calculated. I find from the impugned order that there is no reference whatsoever to Ordinance No. 24. In my opinion the said ordinance or any other provision which is relevant for the purposes of calculating the seniority ought to have been referred to while deciding the appeal. Besides, the petitioner was not present when the appeal was decided and in that sense the appeal was decided ex parte against her. The petitioner has given some explanation to the effect that she had given power of attorney to her husband and though her husband was present, he was not allowed to be heard.

5. The election in question is scheduled to be held on 27-4-2002. The matter is urgent and in such circumstance, I feel that the interest of justice would be met if the Vice Chancellor re-decides the matter after keeping in mind and referring to the relevant provisions pertaining to the seniority of the teachers. In the circumstance the impugned order of the Vice Chancellor dated 5-4-2002 is set aside and the matter is sent back to the Vice Chancellor for fresh decision in accordance with the direction given hereinabove.

6. The Advocate for the respondent No. 1, University assured that the Vice Chancellor, Amravati University, Amravati will rehear the matter on 24-4-2002. All the parties agreed that they will appear before the Vice Chancellor on 24-4-2002 at 11.00 a.m.

7. Steno copy of this order to be furnished to the parties.

8. Rule is made absolute in the above-said terms.