The Supreme Court on Wednesday exercised its special powers under Article 142 of the Constitution and reinstated an English lecturer to his post in a College affiliated to the Shivaji University, Kolhapur, Maharashtra.
Article 142 of the Constitution empowers the apex Court to pass any decree or make such order as is important for doing complete justice in any cause or matter pending before it.
A bench comprising Justices Abhay S. Oka and Sanjay Karol passed the order on August 28. The court heard a plea filed by a lecturer. The issue pointed towards the employment of the appellant, a lecturer, with a college which is affiliated to Shivaji University, Kolhapur, Maharashtra.
Furthermore, the appellant was appointed as a part-time lecturer in English in the college in September 1992. On 5th July 1993, the college published an advertisement inviting applications to the posts of full-time lecturer.
The counsel for the appellant stated, “He was appointed on the basis of the first advertisement. Even on the basis of the second advertisement, the appellant was selected.”
The lawyer told the court that in both processes, the appellant was selected against the open category post.
Previously, on October 26, 1994, the first respondent, the college issued the letter of appointment appointing the appellant in open category where the 5th respondent did not raise any objection. On the contrary, pursuant to the 3rd and 4th advertisements, the 5th 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 got too late in the day for her to approach the Tribunal and contended that she was above the appellant in the merit order and in the process conducted on the basis of the first advertisement.
Also, the court noted that the analysis of the factual position shows that the appellant has been placed in a very peculiar position.
The court stated, “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.”
Moreover, the court stated, “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 directed the State Government to release necessary grant-in-aid for payment of salary to the appellant from the date of appointing her 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 5th respondent shall remain unaffected.
