The Bombay High Court has come down heavily on Bhartiya Vidya Bhavan's Mumbadevi Adarsh Sanskrit Mahavidyalay for failing to confirm the appointment of Assistant Professor Reshu Singh, who remained on probation for nearly seven years. The Court emphasized that an institution claiming inspiration from Mahatma Gandhi’s ideals must ensure fairness and refrain from exploitation of its staff.
A division bench of Justices Ravindra V. Ghuge and Ashwin S. Bhobe delivered this significant judgment on May 6, 2024, in the case titled Reshu Singh v. Union of India (Writ Petition No. 1238 of 2024). The Court was hearing a petition filed by Reshu Singh, who was appointed on June 20, 2018, for a two-year probation period. However, even after completing the period in June 2020, the college failed to confirm her appointment.
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Quoting from the college’s own materials, the Court remarked,
"There is no debate that Mohandas Karamchand Gandhi is the father of the nation, 'Mahatma Gandhi'. If this college is to function, inspired by the teachings of the 'Mahatma', we would expect every employee to be treated fairly and there ought not to be any exploitation."
Despite fulfilling all required conditions and approvals, Singh had to send multiple emails between April and October 2021. After receiving no response, she sent a formal signed representation, but the college remained silent. In December 2021, the Principal of the college forwarded her case to the Chairman of the Managing Committee, who recommended confirmation of her appointment. Still, no formal letter was issued.
The Court also took serious note of the violation of University Grants Commission (UGC) Regulations, 2018, which clearly prohibit the extension of probation beyond two years.
"We are intrigued that the Petitioner, who is a lady teacher, has been made to work as a Probationer for 6 years and 10 months. This also shocks our judicial conscience. A teacher cannot be treated in this way. The manner in which the Petitioner has been treated amounts to exploitation, to say the least," the bench observed in its order.
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The judges expressed their disapproval of the institution’s conduct and noted that such practices are against the very values the college claims to uphold. The Court ordered that Singh’s appointment be treated as confirmed from the date it was due, stating that the delay in issuing the confirmation was unjustified.
The Court further noted that Singh had all the necessary approvals from the University of Mumbai and the UGC, and the college had not raised any concerns regarding her performance. The silence from the institution despite repeated follow-ups reflected a lack of transparency and fairness.
Ultimately, the bench allowed the petition and directed the college to treat the petitioner as a confirmed Assistant Professor, effective from the end of her probation period.
"An institution founded on Gandhian values must reflect those values in its actions. Denial of rightful confirmation, especially to a woman educator who fulfilled all norms, contradicts those very principles," the Court remarked.
Appearance:
Senior Advocate JP Cama, along with Advocates Aseem Naphade, Arsh Misra, Khushboo Agarwal, Ruchika, and Mrunmayi, represented the petitioner.
Advocates Niranjan Shimpi and Shehnaz Bharucha appeared for the Union of India.
Advocate Vivek Khemka represented the college.
