Bombay High Court
Jai Mahakali Shikshan Sanstha, Through ... vs Rashtrasant Tukdoji Maharaj Nagpur ... on 21 August, 2019
Author: Vinay Joshi
Bench: Ravi K. Deshpande, Vinay Joshi
960-wp-4967-19.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4967 OF 2019
Jai Mahakali Shikshan Sanstha, Wardha,through its Director Ramesh Baliramji Murdio and
anr.
.-Vs.-
Rashtrasant Tukdoji Maharaj Nagpur University, Nagar through its Registrar, Civil Lines,
Nagpur and ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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.Mr.B.G.Kulkarni, counsel for the petitioners.
Mr.R.D.Bhuibhar, counsel for respondent nos.1 and 2.
Ms. Ritu Kalia/Sharma, AGP for respondent No.3
CORAM : R.K.DESHPANDE &
VINAY JOSHI, JJ.
DATE : 21.08.2019.
1] The institution run by the petitioners for the
post of Bachelor of Computer Application (B.C.A) since 2002-2003 are blocked by the University on the ground that the qualified teachers are not available.
2] On 17.07.2019 we passed an order as under:-
''Issue notice for final disposal of the matter, returnable on 29th July,2019.
Ms.N.P.Mehta, learned AGP waives service of notice on behalf of respondent no.3.
Admissions in the institution run by the petitioner-Sanstha in the course of Bachelor of Computer Application (BCA) since 2002-03 are being blocked by the University, on the ground that the qualified teachers are not appointed. The stand of the petitioner -College Kavita ::: Uploaded on - 23/08/2019 ::: Downloaded on - 23/08/2019 22:00:32 ::: 960-wp-4967-19.odt 2/3 is that inspite of best efforts, qualified teachers are not available, hence the petitioners are helpless.
In view of this, the respondent no.2 is at liberty to supply the list of teachers who could be appointed in the petitioner no.2- college so that the Institution can continue to run''.
3] It is not the stand taken by the University that the qualified teachers are available, but the petitioners are not taking steps to appoint them. We direct the University to provide the list of qualified teachers, who can be interviewed by the Selection Committee for appointments to the posts in question. The list be supplied within a period of two weeks form today.
4] We also direct the respondent University to file an affidavit stating as to how many University Departments are suffering from deficiency of appointments of regular full time teachers and for what period the teaching work is going on by appointing ad- hoc temporary or other teachers on contract basis. List be submitted within a period of two weeks from today.
5] The requirements of teachers in the petitioner College is of the qualification of Master in Computer Application (M.C.A) and NET or CET or Ph.D. According to the University there are about eleven thousand teachers are available as shown on the website of University Grants Commission. We, therefore, direct the University to ascertain the willingness of all such teachers, who can work in the institutions run by the Kavita ::: Uploaded on - 23/08/2019 ::: Downloaded on - 23/08/2019 22:00:32 ::: 960-wp-4967-19.odt 3/3 petitioner within a period of two weeks.
JUDGE JUDGE
Kavita
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