Holding

The Supreme Court set aside the High Court orders and directed that the appellant’s services be regularised by de‑reserving the post.

Summary

The appellant, Deepa Gourang Murdeshwar Katre, was appointed on a temporary basis as an English lecturer in a government‑aided college where the post was reserved for Scheduled Caste candidates. For six successive years no Scheduled Caste applicant applied, and the college repeatedly appointed her on a temporary basis. The university falsely represented before the Bombay High Court that the sixth advertisement had not been published and that no interviews were held, leading the High Court to dismiss the appellant’s writ and review petitions. The Supreme Court held that these misrepresentations amounted to fraud, vitiating the High Court’s orders, and that the post should be de‑reserved and the appellant’s services regularised. Consequently, the Court set aside the High Court judgments and directed the respondents to regularise the appellant’s appointment after de‑reservation.

Issues considered

The validity of the High Court orders in view of alleged fraudulent mis‑representations by the University.
Whether the post reserved for Scheduled Caste candidates should be de‑reserved after six years of non‑availability of eligible candidates.
Whether the appellant is entitled to regularisation of service on the basis of the Government Resolutions and University circulars.

Legislation cited

Constitution of Indias. Article 136

Subjects

reservationde‑reservationtemporary appointmentScheduled CastefraudmisrepresentationArticle 136regularisationgovernment resolutionuniversity circular

Judgment

A DEEPA GOURANG MURDESHWAR KATRE
v.
THE PRINCIPAL, V.A.V. COLLEGE OF ARTS & ORS.

FEBRUARY 13, 2007

B [DR. AR. LAKSHMANAN AND AL TAMAS KABIR, JJ.]

Constitution of India-Article 136-Appointment of a General category ) .. _
candidate on temporary basis to a Reserved post due to non-availability
C of required candidate every year for five successive academic years-Writ
Petition by appointee to de-reserve the post and regularise her services as
per Government Resolutions-Writ Petition disposed of on the basis offalse
misrepresentation by University-Review petition by appointee was also
dismissed on misrepresentation-Correctness of-Held, on facts on record,
University made false misrepresentation before High Court-Hence directions
D given to regularise the services of the appointee.

Appellant was appointed by respondent no. I - college for the post of
English lecturer on temporary basis. For the next academic year, the
respondent gave a newspaper advertisement for filling up the vacancy of the
post of English lecturer, which was reserved for Schedule Caste candidate.
E The appellant, who applied in General category, was appointed to the post on
temporary basis for the academic year since no backward class candidate
applied for the post. As required under a Government Resoiution, the
respondent issued an advertisement every academic year for filling up the
post with a Schedule Caste candidate for the next four academic years but the
p appellant was appointed every time on temporary basis for the academic years
since no backward class candidate applied for the post. For the sixth year, as
per the Government Resolution, the respondent issued a sixth advertisement
stating that if no eligible backward candidate is available, then the post would
be de~reserved and would be filled up by a General category candidate. Since
no Sch~duled Caste candidate applied even for the sixth year, the Selection
G Committee of the respondent college gave a report to the university stating
that no backward class candidate had applied for the post.

The appellant filed a Writ Petition before High Court to de-reserve the
post and confirm her s.ervices as per the Government Resolution. The

H 516
DEEP A GOURAi\'G /\IURDESH\\' AR KATRE v. PRl!\CIPr\L. V.A.V. COLL£GE OF ARTS
517
. .._,. respondent- university filed an affidavit before the High Court contending A
that an advertisement for the sixth academic year had not yet been published
and hence the post cannot be de-reserved. Relying on the affidavit of the
University, the High Court disposed of the Writ Petition by issuing directions
to the respondents to publish the sixth advertisement and fill up the post in
accordance with the Government Resolution. The appellant filed a Review
petition before the High Court contending that the University had made a false B
statement, which was an error apparent on the face of the record. The High
Court dismissed the Review petition on the contention of the university that
_....
~ no interviews could he held for the sixth advertisement in view of its stay order.
• The appellant filed another writ petition before the High Court which was
dismissed as not maintainable.
c
In appeal to this Court, the appellant contended that the High Court
dismissed the writ petition by relying upon fraudulent misrepresentations
made by the university; and that, on facts, the sixth advertisement had already
been issued, interviews were held, a non-availability report of a backward class
candidate was issued by the College and the report was accepted by the
university.
D

" Allowing the appeal, the Court
f
HELD: 1.1. It is a fit case for interference by this court in exercise of
the jurisdiction under Article 136 of the Constitution of India in view of the
misrepresentations made by the respondent-university and considering the E
long service rendered by the appellant to the respondent-college at a time when
no other candidate was willing to take the assignment. An irreparable injury
would be caused to the appellant if the prayer made in the appeal is not grnnted.
[Paras 28 and 29[ [529-D-Ef

.... ~· 1.2. If a case of fraud or mis-representation of such a dimension is F
discovered that the very basis of the order passed by a Court oflaw is affected,
the court can recall it~ order. The power to recall an order founded upon fraud
and mis-representation is an inherent power of the Court. The High Court
was misled by incorrect representations made by the University at the time of
hearing of the petition and the review petition. When fraud was clear on the
G
... facet of the record, the High Court erred in law in dismissing the writ petition
of the appellant. The respondents are directed to regularise the services of
_):
the appellant on the post after de-reserving the same. [Paras 30, 31 and 33[
[529-F-G; 530-DJ

.. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 744 of2007 .
H
' '

518 SUPREME COURT REPORTS [2007] 2 S.C.R.

A Fi"om the Judgments and Final Orders dated 13.4.2005, 5.5.2005 and __,__ .,
3.8.2005 of the High Court of Judicature at Bombay in Writ Petition No. 1914/
1999, R.P. No. 65/2005 in Writ Petition No. 1914/1999 and W.P. No. 4851/2005
respectively.

Gaurilv Agrawal for the Appellant.
B
Ravindra K. Adsure, Gautam Godra, Sunil Kumar Verma and Prashant
Kumar for the Respondents.

The Judgment of the Court was delivered by
f ' .._
.
c DR. AR. LAKSHMANAN, J. I. Leave granted.

2. The above three Special Leave Petitions were filed against the judgment
and final order dated 13 .4.2005 in Writ Petition No. 1914 of 1999, final order
dated 5.5.2005 passed by the High Court of Judicature at Bombay in Review
Petition No. 65 of 2005 and final order dated 3.8.2005 passed by the High
D Court of Judicature at Bombay in W.P. No. 4851 of 2005 whereby the High
Court dismissed the writ petitions and review petition filed by the Appellant. ..,:

Background facts
'·
•
3. The Appellant applied for appointment in the college, respondent
E No.I, on the post of English Lecturer, pursuant to a vacancy which had arisen
by leaving of an English Lecturer after the !st term. The appellant was duly
interviewed by the local selection committee and was appointed as full time
lecturer in English on 22.11.1993 on temporary basis for 2nd term subject to
the approval of the University. The appellant joined as Lecturer and has been
F working since then.
' .)
...
4. The College advertised a number of vacant posts for the academic
year 1994-1995 on 29.4.1994 by way of newspaper publication. One of the
posts was the post of English Lecturer, but the same was reserved for
Scheduled Caste candidate. The advertisement, however, provided that in
G case the backward class candidate was not available, then a candidate from
the gen'eral category would be considered for appointment on year to year ..
basis. No backward class candidate applied for the said post. Three general
category -candidates applied out of which the Appellant was selected and
recommended for appointment by the Six-Members' Selection Committee on
H 11.7.1994.
DEEPA GOURAN0 MURDESHWAR KATRE '"PRINCIPAL. V.A.V. COLLEGE OF ARTS [LAKSHMANAN. J 15 J9

5. Vide appointment letter dated 15.7.1994, the Appellant was appointed A
as full time Lecturer in the college for one academie year as per the
advertisement.

6. The problem of non-filling up of reserved seats in Government and
Government-aided colleges were subject matter of various decisions by the
Government. Earlier there was a Government Resolution of 25.1.1990 which B
provided that if no backward class candidate is available for five years then
the post should be de-reserved. By way of the Government Resolution dated
19.1.1995, the Government took a decision that in all Government-aided colleges,
the reserved post of a Lecturer should be advertised for five years. Thereafter,
in the 6th year, an advertisement should be issued with interchangeability C
clause and only if no eligible backward candidate is available, the post should
be de-reserrved and the person who has been occupying the post on temporary
basis should be considered for regular appointment on the post. The Mumbai
University vide order dated 17.7.1996 implemented the said decision as would
be clear from para 3 of its order dated 17.7.1996. The said circular was
applicable to the existing posts also. D
7. Even in the 2nd academic year i.e. 1995-1996, the post of English
Lecturer was advertised for filling up the same from Scheduled Caste Category.
No .backward class category candidate reported for interview to fill up the said
post of the English Lecturer. The Appellant was, therefore, once again
appointed on temporary basis on the said post for a period of one academic E
year.

8. In the third academic year i.e. 1996-1997 the post of English Lecturer

.. was again advertised as being reserved for Scheduled Caste candidate.
Applications were called for. However, no scheduled caste category candidate
applied for and reported for interview. Therefore, the Appellant was once
F

again appointed on temporary basis on the said post for one academic year
on 19.7.1996.

9. For the 4th academic year again the post of Lecturer of English was
advertised by College as reserved post for Scheduled Caste Candidate on G
28.4.1997. However, no scheduled caste category candidate applied for and
reported for interview. Therefore, the appellant was once again appointed on
temporary basis on the said post for one academic year on 24.7.1997.

- 10. For the 5th academic year i.e. 1998-1999, the post of English Lecturer
H
520 SUPREME COURT REPORTS [2007) 2 S.C.R.

A was again advertised as reserved post for Scheduled Caste candidate. It was
clearly mentione::l in the advertisement that this was the 5th advertisement.
However, no Scheduled caste category candidate applied for and reported for
interview. Therefore, the appellant was once again appointed on temporary
basis on the said post for one academic year on 15.7.1998.

B 11. Thus as per Government resolution and the University circular, 6th
advertisement with interchangeability clause had to be issued. The draft of
the said advertisement for the academic year 1999-2000 was forwarded by the
College to the University on 3.4.1999. The University duly vetted the said
draft advertisement and returned the same to the College on 7.4.1999 for
C publication. ,Accordingly, the 6th advertisement was published by the College
in Maharash~ra Times on 13.4.1999 clearly mentioning that the post was being
advertised for the 6th time on interchangeability basis as per Government
Rules. However, no Scheduled Caste candidate applied for and reported for
interview.

D 12. The report of the Selection Committee Meeting was forwarded by
the College to the University on 30.7.1999 clearly mentioning that no backward
class category candidate had reported for interview in English language. The
.,
nil report for appointment to the post of lecturer in English was accepted by
the Ur.iversity vide letter dated 1.11.1999. "'
E 13. In the meantime, the appellant had approached the High Court of
Bombay by way of Writ Petition No. 1914 of 1999 for confinnation of her
services as no candidate from backward class had appeared for even an
interview after six years. Vide order dated 12.7.1999, a Division Bench of the
Bombay High Court granted interim relief to the appellant i.e. the appellant

F
was not to be tenninated from services.
) ...
14. In the meantime, a similar matter of one Mrs. Madhuri Srivastava
came up for hearing before the Bombay High Court. The Bombay High Court
vi de order dated 1.2.2001 observed that since no backward class category
candidate had turned up for the interview, in terms of the circular of the
G University dated 17.7.1996, the lecturer who was working on the post for nine ,_
years was ,Jiable to be regularized. Just one day before the final hearing of
the writ petition, the University filed an affidavit to the effect that the 6ch ~ •
advertisement had yet not been published in tenns of the University Circular
dated 17.7, 1996 and hence the post cannot be de-reserved. Said stand of the
University was most unfortunate as not only the draft advertisement had
H been vetted by the University, but subsequently the report of the Selection
DEEPA GOURANG MURDESHWAR KATRE " PRINCIPAL, \'AV. COLLEGE OF ARTS [LAKSHMANAN, J.J52 J

Committee was also accepted by the University. A
15. According to the learned counsel appearing for the appellant, the
affidavit was made available to the appellant only on the date of the hearing,
the appellant could not dispute the correctness of the same and hence, in
such circumstances, the Bombay High Court passed the impugned order
directing the publication of the 6th advertisement. The directions issued by B
the High Court read as follows:

"(i) Respondent No. I within four weeks from today to forward to
respondent No.2 a draft advertisement based on interchangeability.
On the draft advertisement being received and after verifying the
same and if earlier there had been five advertisement already C
issued by the University to permit the respondent No. I to issue
the advertisement based on interchangeability.
(ii) If on the advertisement being issued no candidate from reserved
category is available, respondents to permit the petitioner tu
continue in the post presently held by her. D
(iii) After the sixth advertisement, if no candidate belonging to the
backward class is available, respondent No. I to send
representation to respondent No.3 to de-reserve the post. The
University after complying with the procedure to forward the
same to respondent No.4. E
(iv) Respondent No.4 considering the clause for de-reservation and
considering the judgment of this court in W.P. No. 1914 of I 999
dated 13th April, 2005 which has taken a view that it is not
necessary that after de-reservation, that post must be re-
advertised but it is open to the Government to relax the condition, F
to take the appropriate decision and communicate the same to
respondent No.3.
(v) The Petitioner pursuant to the sixth advertisement if no backward
class candidate is selected to be continued and the petitioner's
servU:es will not be terminated. If the order be adverse it is not G
to be acted upon for a period of twelve weeks after the
•· communication of the decision of respondent No.4 by respondent
., No. I to the petitioner.
Rule made absolute accordingly. There shall be no order as to

- H
522 SUPREME COURT REPORTS [2007] 2 S.C.R.

A costs.

Sd/- F.I. Rebello, J.

Sd/- S.P. Kukday, J."

16. It is relevant to mention here that on the very same day, the very
B same Bench of the Bombay High Court disposed of two more writ petitions
by two similarly situated lecturers of the very same college. In both the cases,
the 6th advertisement had been issued and since the teachers had been
working for a number of years, the High Court held that there was no need
for fresh advertisement and, therefore, directed that the petitioners in those _,\ ~

c writ petitions, will be treated as permanent.

17. When the appellant came to know that an incorrect statement has
been made by .the University that no 6th advertisement has been published,
the appellant filed Review Petition No. 65 of 2005 clearly pointing out the error
apparent on the record and the mis-statement by the University.
D
18. Wh:n the said review petition came for hearing on 5.5.2005, the
University made another incorrect statement that though the advertisement
had been issued, no interviews had been held because of the stay order of
the High Court. The High Court found that the 6th advertisement had been
"
issued, but however, wrongly found that the interviews were not conducted.
'"'
E As stated above, the interviews were held on 5.7.1999 much before the
interim order of the High Court on 12.7.1999. The University had not taken
this stand as ,the report of the interview was sent to the University and the
University accepted the said report. The order dated 5.5.2005 passed by the
High Court iii Review Petition·No.65 of 2005 reads as follows:
F
"The review is based on the contention that six advertisements
for the post of Lecturer in English having interchangeability clause )
was advertised on 13.4.1999 and considering that directions given by
this Court in the Judgment dated 13.4.2005 requires to be reviewed.

We have considered the contention of the learned counsel for the
G
Review Applicant. We find that after advertisement was issued,
petitioner approached this Court by way of Writ Petition No. 1914 of
1999 on 12.7.1999 and interim relief was granted in terms of Pra¥~r. "').__
Clause (g). Prayer clause (g) was to the effect that the servicesi'ofih~'

H
petitioner should not be terminated and that she should be allowed
to continue. As such the Management could not have proceeded · ..
DEEPA GOURANG MURDESHWAR KATRE '' PRINCIPAL, VAY. COLLEGE OF ARTS [LAKSHMANAN. lJ523

with interview and by letter of30.7.1999, considering the order of this A
Court issued letter of appointment in favour of the Petitioner her.., in.

Considering the above, as the interviews could not be conducted
in terms of the sixth advertisement, we do not find this to be a fit case
to review the order dated 13.4.2005. With the above directions,
application stands disposed of. No order as to costs. B
Sci/- FJ.Rebello, J.

Sd/- S.P. Kukday, J."

19. When the appellant came to know even at the time of hearing of the C
review petition an incorrect statement had been made, the appellant filed fresh
Writ Petition No.4851 of2005. The College filed the counter affidavit bringing
the correct facts to the notice of the High Court. However, the High Court
refused to entertain the fresh writ petition on 3.8.2005 and passed the following
order:
D
"CORAM: A.P. Shah & D.Y. Chandrachud,JJ.

3rd August, 2005

P.C
E
<. The present petition is in the nature of a review of the order
passed by the Division Bench in Writ Petition No. 1914of1999. The
Petitioner, in fact, sought review of the said order by filing a review
application which came to be dismissed by the Division Bench by
order dated 5th May, 2005. It is not permissible for the petitioner to F
seek the same relief again by filing a fresh petition. Petition is,
therefore, dismissed.

Sd/- Judge

Sd/- Judge" G
20. The appellant filed the present appeal by way of three special leave
•,
petitions challenging all the three orders passed by the High Court including
• A the first order dated 13.4.2005 passed in W.P. No. 1914of1999. This Court
vide order dated 24.10.2005 issued notice to the respondent and granted
status quo. H
524 SUPREME COURT REPORTS [200i] 2 S.C.R.

A 21. During the pendency of the special leave petitions, the University
vide its letter dated 6.9.2005 acknowledged the facts that it would not be
proper to issue a fresh advertisement and, therefore, requested the College
to send a proposal for de-reservation of the post. The letter dated 6.9.2005
reads as follows:"

B UNIVERSITY OF MUMBAI

No. (29)1611512005

Dated: 6th September,2005

C To
The Principal
Annasaheb Vartak College of Arts,
Commerce and Science,
Vasai Road,
D District Thane(W)-40 I 202

Sub : Approval for advertisement
Madam,

This is in reference to your letter No. AVC/Advt/29212005-06 dated
E
18th May, 2005.

' It is clear from the advertisement annexed to the aforesaid letter
for the post of Lecturer (English) was advertised with interchangeability
clause on 13th April, 1999 in Maharashtra Times newspaper and
F accordingly interview was also held on 5th July, 1999.

In view of the above, it would not be proper for issuance of one
more advertisement for the post of Lecturer (English). You are,
therefore, requested to submit a proposal for de-reservation of the
said post in the format enclosed herewith to the University. After
G receipt of the proposal, the same would be scrutinized..and senI to the
State Government for further approval.
Yours truly,
Sd/-illegible
Vice-Chancellor
H (Special Branch)"
DEEPA GOURANG MURDESHWAR KATRE '·PRINCIPAL, V.A.V. COLLEGE OF ARTS [LAKSHMANAN. J.J525

--+- 22. Thus it is seen that the University has now acknowledged that there A
is an error in the order of the High Court and that the direction of the High
Court to issue 6th advertisement was based on wrong facts. The College vide
letters dated I. I0.2005, 22.6.2006 and 24.8.2006 requested for de· reservation of
the post which read as follows:

VIDYAVARDHINI'S B
Annasaheb Vartak College of Arts,
....:; Kedarnath Malhotra College of Commerce &
1.....
E.S. Andrades College of Science
Vasai Road West-401 202, Distt. Thane
No. DIR/7226/2005-2006 Dated 1.10.2005
c
To
The Addi. Secretary
Special Cell,
University of Mumbai D
Mumbai-400 032
~

. ,. Sub: De-reservation of Post : Mrs. D.G. Murdeshwar Katre lecturer
iri English

Sir, E
That our college had forwarded a proposal. for de-reservation of
the post held by Mrs. D.G. Murdeshwar-Katre, Lecturer in English
vide letter dated 6.5.2005 for necessary action at your end. Pursuant

- to the telephonic conversation held on 30.9.2005 with your office, we
were requested to forward the necessary details in Fonn-A which is
enclosed herewith.
F

It is requested that appropriate steps may be taken for de-
reservation of the post of Mrs. D.G. Murdeshwar Katre.

Thanking you, G
Yours truly,
Sd/-illegible
Principal

Encl:- Form A" H
526 SUPREME COURT REPORTS [2007] 2 S.C.R.

A "AVC/DER/202/2006-07 2216106

To
The Registrar,
University of Mumbai,
B Mumbai-400 032

C
Sub: De-reservation of post-Mrs. D.G. Murdeshwar-Katre, Lecturer in
English

Sir,
) .
,.,

I am forwarding herewith application along with enclosures of
Mrs. Deepa G. Murdeshwar Katre, Lecturer in English for De-reservation
of post.

D I request you to look into the matter and do the needful.

Thanking you,

Yours faithfully,
E (Dr. S.S. Kelkar)
Principal

Encl. As above"

F "VIDYAVARDHINl'S

Annasaheb Vartak College of Arts,

Kedarnath Malhotra College of Commerce &
)
-
G E.S. Andrades College of Science

H
(Affiliated to the University of Mumbai)

AND Junior Colleges Vasai Road West-401 202, Distt. Thane

Ref. No. AVC/DER/1100/2006-07 Date: 24/8/2006
·-
DEEPA GOURANG MURDESHIVAR KATRE '·PRINCIPAL, V.A.V. COLLEGE OF ARTS [LAKSH~L\N.;N.JJ527

- To

The Dy. Registrar
A

Spl. Cell,

University of Mumbai, B
Mumbai-400 00 I.

Sub: De-reservation of post: Mrs. D.G. Katre-Lecturer in English

Sir,
c
I have to infom1 you that our Proposal for De-reservation of post
of Mrs. D.G. Murdeshwar Katre, Lecturer in English has been
forwarded to your office vide out letter No. AVC/DE-R/257/2005-06
dated 6/5/2005. The information in Proforma 'A' has been forwarded
vide our letter No. AVC/DER/1226/2005-06 dt. 1110. 2005. Zerox copies D
are enclosed herewith. I request you to look into the matter and do
,, the needful.

Thanking you,

Yours faithfully, E

Sd/-

(Dr. S.S. Kelkar) Principal
F
Encl. As above"

23. However, because of the directions of the High Court in the impugned
order regarding issuing of 6th advertisement, the University has not forwarded
the proposal any further and is maintaining status quo.
G
24. We heard Mr. Gaurav Agrawal, learned counsel appearing for the
appellant and Mr. Ravindra K. Adsure, learned counsel appearing for the
University and Mr. Prashant Kumar, learned counsel appearing for the College.

25. Mr. Gaurav Agrawal, learned counsel appearing for the appellant H
submitted that the High Court failed to consider that its first order dated
528 SUPREME COURT REPORTS [2007) 2 S.C.R.

A 13.4.2005 had been passed by relying upon a fraudulent mis-representation
of the respondent-University contained in the affidavit dated 12.4.2005 that
the 6th advertisement had not been issued, when the indisputable fact was.
that the said advertisement had been issued as per the approval of the
University itself on 13.4.1999. Therefore, learned counsel submitted that on
B this ground alone, the order dated 13.4.2005 ought to have been recalled and
the factum of issuing the advertisement was in terms admitted at the time of
hearing of the review petition. It was further submitted that the High Court
failed to notice that pursuant to the advertisement dated 13.4.1999 interviews
for the reserved post of English Lecturer in the College (respondent No.4)
were held on 5.7.1999 and no candidate from the backward class had turned
C up for the interview. Likewise, the High Court has not noticed that the
College vide letter dated 30.7.1999 had given a non-availability report in
relation to interviews for the post of English Lecturer and this report was
accepted by the University on 1.11.1999. Therefore, the submission that the
interview could not be proceeded with in view of the interim order of the High
D Court was patently not correct. It was also submitted by learned counsel
appearing for the appellant that the High Court at the time of hearing the
review petition was also mislead by the respondent-University as an impression
was given that no interviews had been held pursuant to the advertisement
dated 13.4.1999 which was clearly belied by the documents of the University
itself. It is clear that even the Bench hearing the review petition had been
E mislead by the respondent-University by making a false statement, the review
order dated 5.5.2005 was vitiated by fraud and was liable to be recalled by
the High Court. It was also contended that the High Court erred in dismissing
the writ petition in a cursory manner by the impugned order dated 3.8.2005
without appreciating the contentions raised by the appellant which were fully
F supported by indisputable documents on record, which documents .emanated
from the College and the University. The writ petition clearly indicates how
the High Court had been mislead by the false statements made by the
University and the High Court ought to have considered the submissions
made by the appellant.

G 26. The High Court, in our opinion, has erred in law rejecting the writ
petition without considering the merits of the matter though the merits of the
matter were specifically argued by the appellant and the mis-representations "'
made by the University were brought to the notice of the High Court.

27. ~t is not in dispute that the appellant has been in service of the
H respondent-College for the last 12 years. No candidate from the reserved
DEEPA GOUR.~NG MURDESHWAR KATRE "PRINCIPAL, VAV. COLLEGE OF ARTS [LAKSHMANAN. J.J529

category was available for six years. The appellant continued on the temporary A
basis year to year and hence it is a fit case where the appellant should be
regularized on this post after de-reserving the same and if the appellant is now
thrown out, the appellant would be age barred for any other service.

28. We are of the opinion that the case on hand is a fit case for
interference by this Court in exercise of the jurisdiction under Art. 136 of the B
Constitution of India in view of the misrepresentations made by the
respondent-University and considering the long service rendered by the
\ appellant to the respondent-College at a time when no other candidate was
willing to take the assignment.

29. This apart, the appellant would be deprived of her livelihood if she C
is thrown out of her employment and irreparable injury would be caused to
, the appellant if the prayer made in the appeal is not granted. On the other
hand, the respondents would not suffer any prejudice by granting the prayer
made in the appeal as the appellant is fully qualified to teach English and has
been doing so for the last 12 years. D
30. It is well settled by catena of decisions of this Court that if a case
of fraud or mis-representation of such a dimension is discovered that the
r very basis of the order passed by a Court of law is affected, the Court can
recall its order. The power to recall an order founded upon fraud and mis-
representation is an inherent power of the Court. E
31. The present case is one such instance where the High Court has
mislead by incorrect representations made by the University at the time of
hearing of the writ petition and the review petition. The question was
whether the post occupied by the appellant was entitled to be de-reserved
as for six years no backward class candidate was available. F
32. We have already noticed that the statement made before the Court .
was not correct. The records also reveal that the interviews for the post of
English Lecturer pursuant to the 6th advertisement were made on 5.7.1999 and
no candidate belonging to the backward class turned up for interview. The G
University was fully aware of this as the University had on 1.11.1999 accepted
the non-availability report. However, it mislead the Review Bench of the
High Court by sating that no interviews were held. The review order dated
5.5.2005 was totally vitiated due to fraud which compel the appellant to file
a fresh writ petition challenging the order of the University of Bombay calling
for the 6th advertisement. However, the High Court by the impugned order H
530 SUPREME COURT REPORTS [2007] 2 S.C.R.

A dated 7.8.2005 dismissed the writ petition by relying on the dismissal of the
earlier writ petition and review petition without appreciating that the previous
orders had been founded upon fraudulent mis-representations made by the
University and the said orders were liable to be recalled.

33. When fraud was clear on the fact of the record, the High Court erred
B in law in dismissing the writ petition of the appellant.
34: Learned counsel appearing for the respondents was not able to
controvert the factual statements made by the learned counsel appearing for
\
the appellant at the time of hearing. The arguments made by the learned f

C counsel appearing for the appellant are fully supported by the records filed
before the High Court and also the annexures and material placed before us.
We, therefore, have no hesitation in accepting the arguments advanced by
the learned counsel appearing for the appellant and allowing the appeal.

35. Jn view of the letter of the University dated 6.9.2005 in which the
D University had acknowledged that the 6th advertisement had indeed been
issued and it would not be proper to issue a 6th advertisement, the basis of
the impugned order is incorrect and, therefore, the same is liable to be set
aside on this ground. In such circumstances, the case of the appellant would
be similar to that of Mrs. Bina Patil and Mrs. Madhuri Srivstava and since "
the appellant has worked continuously for the last 13 years, it is a fit case
E for this Court to pass a similar order as in the matter of aforesaid two persons.

36. We, therefore, allow the appeal and set aside the orders passed by
the High Court with a direction to the respondents to regularize the services
of the appellant on the post in question after de-reserving the same. However,
there shall be no order as to costs.
F
B.S. Appeal allowed.