Appeals by Special Leave from the Judgment and Order dated the 1 3 1975 of the, Bombay High Court Nagpur Bench in Special Civil Application No.
However, in view of the difficulties experienced with regard to the implementation of the decision of Government referred to above, Government on reconsideration decided in the year 1967 to revert to the old practice of having separate seniority lists of Lecturers for the two subjects.,
He was thereafter promoted as Professor in that subject.
The High Court, in the present case, went by the deci sion in Nanekars case, and held that there was numberorder or decision dated February 27, 1963, so that the action of amalgamating the lists of History and Political Science departments was invalid.
5, and S.R. Nanekar at serial No.
3, and respondent No.
In that list respondent No.
It was also urged that the respondent taught Political Science and had been recognised by the University as a teacher of Political Science.
He was appointed Lecturer in Political Science in 1958, and was companyfirmed in that capacity.
Respondents Nos.
She however taught both History and Political Science upto 1963, when she was appointed officiating Professor of Political Science on February 27, 1963.
It was expressly stated in the letter that it had been issued in pursuance of the decision of the State Government.
Thereafter she taught only Political Science, and was promoted as Profes sor in that subject in 1968.
Padmaliar Siddhanath Kane passed M.A. Examination in Political Science in 1956 and was appointed Lecturer in Political Science in 1958.
4 at serial No.
The revised seniori ty list so prepared is enclosed herewith.
Please bring this decision of Government to the numberice of the officers companycerned.
was M.A. in History, was appointed as Professor of Political Science.
120 of 1964, mainly on the ground that when two separate seniority lists had been prepared for the.
3 was shown at serial No.
3 was placed at serial No,.
In order to remove this anomaly, decision to amalgamate the seniority lists of Lecturers in History and Political Science and to make appointment to the posts of Professors on the basis of the companybined seniority list in the subjects of History and Political Science was taken by Government.
SCP No.
G. Ratnaparkhi for RR.
J. and 2 in CA 1173/76 and CAs.
Nilofer Mrs. Bhagwat, S.C. Agrawal and V. J. Fran cis for R. 5 in C.A. 1174 and 1175/76.
He was also companyfirmed on that post.
The Judgment of the Court was delivered by SINGHAL J. These appeals arise out of a judgment of the Bombay High Court dated March 11, 1975, by which the High Court quashed that part of Government resolution dated January 15, 1970, which holds that the respondents Nos.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
J. Francis for RR.
1064 D dated January 15, 1970, in pursuance of which respondents Smt.
M.N. Shroff for the Appellants in CA 1173/76 for R. 3 in C.A. 1174/76 and 1175/76.
Dr. S.A. Bari was recruited as Lecturer in History on October 1, 1947.
It was number disputed in the High Court that Political Science was number a separate subject until 1956, in Bombay, because out of the eight papers for post graduation in History, four were in Political Science.
K.A. Parekh and Smt.
Bhalchandra Khande rao Joshi was M.A. in Political Science as well as in History.
R. S, Dassal was recruited as Assistant Lecturer in History on August 5, 1946, and taught both History and Political Science upto 1956.
Nanekar challenged that order in the High Court by Special Civil Application No.
Both of them filed a writ petition and challenged the resolution of the State Govern ment, in the Education and Social Welfare Department, No.
N. Phadke, V. M. Phadke and ,4.
The companytroversy relates to the question whether the Director of Education, Maharashtra State, had the authority to issue the letter dated August 20, 1963, which was ad dressed to all the Principals of he Government Colleges.
She was companyfirmed in that capacity in 1972.
had been promoted as Professors on the basis of the companybined seniority list, which was itself invalid.
M.G. Sonnal, who.
695 of 1971.
Both of them were members of the Maharashtra Educational Service, Class II Collegiate Branch .
1173 to 1175 of 1976.
These facts are quite sufficient for purposes of the present appeals.
1174 75/76.
and which gives a further option to these three respondents to indicate whether they wanted to go back to the department of History.
It may be mentioned that after the reorganisation of States, a companybined seniority list was prepared on November 1, 1956, for History and Political Science teachers.
K.A. Parekh was M.A. in History and was recruited as Lecturer on August 5, 1946.
K.A. Parekh, S.A. Bari and Smt.
This is why the State of Maharashtra, Smt.
N. Sinha, Sol Genl.,
A revised seniority list was therefore prepared in which respondent No.
6 in CA 1175/76.
The Director thus companyveyed the decision to amalgamate the lists .of Lecturers in History and Political Science and to prepare a single seniority list for both the subjects.
3 and 5 were M.A. in History.
3 to 5 should number be companypelled to go back to their respective lists.
R.S. Dossal were promoted as Professors of Political Science and were given the option to opt for the History or the Political Science department.
One S.R. Nanekar was appointed as Lecturer in Political Science on June 26, 1954.
It also made a reference to the impugned resolution dated January 15, 1970 which reads as follows, A decision was taken by Government in the year 1963 to amalgamate the lists of Lecturers in History and Lecturers in Political Science into one companymon list of Lecturers in History and Political Science.
The High Court made a reference to the Directors letter dated July 27, 1967 asking the Principals to forward information in the prescribed pro forma in respect of those Professors and Lecturers of Histo ry in their respective companyleges who were qualified to teach Political Science and had been recognised therefore.
It is this resolution of the Government dated January 15, 1970 which has been challenged in the present petition.
4, respondent No 4 at serial No.
3 that in view of the curriculam for the Masters degree in History, upto 1956, a person obtaining the Masters degree in History was equally qualified to teach Political Science.
It was stated by the Director in that letter as follows, It has been decided to amalgamate the two lists of lecturers in History and Political Science and to companybine the two lists under the companymon subject of History and Political Science.
915 of 1976, as directed by this Court October 8, 1976.The companytroversy arose because of a writ petition filed by Bhalchandra Khanderao Joshi and Padmakar Siddhanath Kane.
departments of History and Political Science, in accordance with the earlier Government Order of 1960, the new list was invalid.
