Bombay High Court
Dagadu Dashrath Pardhe vs The State Of Maharashtra And Others on 14 March, 2019
Author: A. M. Dhavale
Bench: S. V. Gangapurwala, A. M. Dhavale
(1) 912-wp-2818-3871-2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.3871 OF 2018
WITH
CIVIL APPLICATION NO.15038 OF 2018
IN
WRIT PETITION NO.2818 OF 2018
DAGADU DASHRATH PARDHE ..PETITIONERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
...
Mr. Hemand U. Dhage, Advocate for the Petitioners.
Mr. P. S. Patil, AGP for Respondents-State.
Mr. Bhushan B. Kulkarni, Advocate for Respondent
No.5.
Mr. Pradeep L. Shahane and Mr. Parag Shahane,
Advocate for Respondent Nos.2 and 3.
Mr. Rahul R. Karpe, Advocate for Respondent No.6.
Mr. V. D. Hon, Senior Advocate h/f Mr. Ashwin V.
Hon, Advocate for Respondent No.10 and 11 in
CA/15038/2018.
...
CORAM : S. V. GANGAPURWALA &
A. M. DHAVALE, JJ.
DATED : 14th MARCH, 2019.
PER COURT:-
1. Mr. Dhage, learned counsel for petitioners contends that the petitioners are challenging the selection process for the post of Assistant Professor initiated by respondent-University under advertisement dated 06.10.2017. According to the learned counsel NET/SET qualification is mandatory for a person to be appointed to the post of ::: Uploaded on - 16/03/2019 ::: Downloaded on - 17/03/2019 00:52:43 ::: (2) 912-wp-2818-3871-2018 Assistant Professor. The learned counsel relies on the UGC Regulations to suggest that the same is mandatory. The learned counsel also relies on the letter dated 09.03.2017 issued by the Assistant Director General, Indian Council of Agricultural Research (Agricultural Education Division) stating that if the Ph.D. is prior to July 11, 2009, then only that person is exempted from NET qualification. According to him the advertisement issued is after the letter dated 9.03.2017. The learned counsel relies on the following judgments:
1. P. Suseela & Ors. Vs. University Grants Commission & Ors. reported in 2015(3) ALL MR 981 (S.C.).
2. State of Maharashtra Vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya & Ors. reported in 2006(3) ALL MR (S.C.) 94.
2. According to Mr. Shahane, learned counsel the advertisement is issued as per the qualification prescribed under the statute.
3. Mr. Shahane, learned counsel further submits that the petitioners participated in the selection process and now is estopped from challenging the advertisement.
4. Section 37 of the Maharashtra Agricultural Universities (Krishi Vidyapeeths) Act, 1983 enumerates the matters that the statute may provide. Clause (g) enables the statute to provide the designations, qualifications, method of ::: Uploaded on - 16/03/2019 ::: Downloaded on - 17/03/2019 00:52:43 ::: (3) 912-wp-2818-3871-2018 recruitment and other conditions of service for the post of Professors, Associate Professors and Assistant Professors. The powers are given under Section 38 to amend the statutes.
5. On 15.03.2014, the Maharashtra Agricultural Universities (Krishi Vidyapeeths) Statutes, 1990 are amended. Appendix III to the statute prescribes for the qualifications to the post of Assistant Professor which is as under:
Assistant Professor. (1) Ph.D. in relevant discipline;
OR
Masters degree in relevant
discipline from an
accredited University along with National Eligibility Test (NET) conducted by Indian Council of Agriculture Research (ICAR)/University Grants Commission (UGC)/Council of Scientific and Industrial Research (CSIR) or similar test accredited by the University Grants Commission (UGC) like State Level Eligibility Test (SLET)/State Eligibility Test (SET).
(2) National Eligibility
Test (NET)/State Level
Eligibility Test
(SLET)/State Eligibility
Test (SET) shall also not be
required for such masters
programme in disciplines for ::: Uploaded on - 16/03/2019 ::: Downloaded on - 17/03/2019 00:52:43 ::: (4) 912-wp-2818-3871-2018 which National Eligibility Test (NET)/State Level Eligibility Test (SLET)/State Eligibility Test (SET) is not conducted.
6. According to the learned counsel the qualification prescribed in the advertisement is inconsonance with the Statute and the University is bound by the Statute.
7. The learned counsel for the University seeks time to make further submissions with regard to the adherance to the Statute vis-a-vis UGC Regulations.
8. Stand over to 01.04.2019.
(A. M. DHAVALE) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/March-19
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