Surplus teachers, no pushovers8217;

FEBRUARY 28: The services of surplus college teachers cannot be terminated without obtaining permission from University of Mumbai, the Mu...

FEBRUARY 28: The services of surplus college teachers cannot be terminated without obtaining permission from University of Mumbai, the Mumbai University and College Tribunal has held. In a judgement dated February 25, Justice R G Sindhakar, presiding officer of the tribunal, also said reserved category candidates cannot be treated as surplus teachers while occupying posts specifically set aside for them.

The order was passed on a petition filed by one Shantaj M Deshbratar, who had been working as full-time lecturer in zoology at Hazarimal Somani College of Arts and Science, a private, aided, recognised degree college. He was appointed to a post reserved for SC/ST category in August 1994.Deshbratar, who had the requisite educational qualification for the post, was removed from his job on September 18, 1998, on the ground that there was a reduction in workload at the college.

According to the appellant, college authorities admitted less than the allowed number of students for BSc in zoology for the year1997-98 despite sufficient demand for the subject. The workload of 20 periods was then shown to have been reduced and his full-time appointment was reduced to part-time with effect from November 1997. Deshbratar then complained to university8217;s Grievance Committee and after the Pro Vice-Chancellor8217;s intervention, he was again given full-time appointment.

The petition says in the next academic year 1998-99, college authorities again refused admissions to willing students saying the course in zoology was likely to be discontinued. The workload was reduced from 20 periods to zero, after which an order was issued dismissing him. According to the appellant, the order was issued without obtaining university8217;s permission a mandatory condition under Statute 439-B of Maharashtra Universities Act, 1994.

The principal8217;s explanation was that Deshbratar8217;s appointment was a temporary one, and that he could not be made permanent as he didn8217;t have the required NET/SET qualification. However, the appellant countered thatby a government resolution dated December 12, 1995, a clarification had been issued that a teacher8217;s services cannot be terminated on the ground that he does not have NET/SET qualification.

The principal also said the number of students seeking admissions to FYBSc had gone down drastically. However, the management had no intention of abolishing the post and would accommodate Deshbratar if the need arose, the principal said.

Setting aside the college8217;s contentions, the tribunal noted government rules were clear that teachers with prescribed qualifications working for two years in any aided college, should be absorbed into the institution. The presiding officer also noted that reserved category candidates, holding posts set aside for them, should not be treated as surplus.

Story continues below this ad

8220;Instead, non-backward class teachers junior in service should be declared as surplus,8221; the tribunal said. The judgement also set aside the termination order and stated that the appellant be reinstated with back wages.

AdvocateAshok Kotangle appeared for the appellant and S K Talsania and Palshikar for the respondents.