New Delhi: The Supreme Court exercised its special powers under Article 142 of the Constitution and reinstated a lecturer of English to his post in a College affliated to the Shivaji University, Kolhapur, Maharashtra.
Article 142 of the Constitution empowers the Supreme Court to pass any decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
A bench of Justices Abhay S. Oka and Sanjay Karol passed the order on August 28.
The court was hearing a plea filed by a lecturer. The issue concerns the employment of the appellant, a lecturer, with a college which is affiliated to Shivaji University, Kolhapur, Maharashtra.
The appellant was appointed as a part-time lecturer in English in the college in September 1992. On 5th July 1993, an advertisement was published by the college inviting applications to the posts of full-time lecturer.
The counsel for the appellant said, "He was appointed on the basis of the first advertisement. Even on the basis of the second advertisement, the appellant was selected."
In both processes, the appellant was selected against the open category post, the lawyer told the court.
That is how, on October 26, 1994, the first respondent–the college issued the letter of appointment appointing the appellant in open category to which the fifth respondent did not raise any objection. On the contrary, pursuant to the third and fourth advertisements, the fifth respondent applied for the post which was reserved for the Scheduled Caste category, the lawyer further said.
The submission of the senior counsel is that after the fifth respondent accepted the appointment of the appellant against open category, it was too late in the day for her to approach the Tribunal and contend that she was above the appellant in the order of merit in the process conducted on the basis of the first advertisement.
The court noted that the analysis of the factual position shows that the appellant has been placed in a very peculiar position.
"The appellant continues to work as a lecturer in English on a half-time basis. Therefore, for doing substantial justice, this is a fit case where we should invoke our power under Article 142 of the Constitution of India for continuing her appointment on a full-time basis," the court said.
"Hence, by modifying the impugned order, without disturbing the fifth respondent, we issue the following directions in the exercise of our jurisdiction under Article 142 of the Constitution of India. The appellant shall be reinstated to the post of lecturer in English in the second respondent-College with effect from 5th January 1995 within a period of one month from today," the court said.
The court directed the State Government to release necessary grant-in-aid for payment of salary to the appellant from the date of her appointment to the post of lecturer in English pursuant to this order, if necessary, by creating a supernumerary post. The court also clarified that the post and status of the fifth respondent shall remain unaffected. (ANI)
