Bombay High Court
Ashok S/O Sakharam Karandikar vs State Of Maha., Thr. Principal ... on 13 January, 2026
Author: Anil S. Kilor
Bench: Anil S. Kilor
997.PIL.50.2023
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
PUBLIC INTEREST LITIGATION NO. 50 OF 2023
Mr. Ashok S/o. Sakharam Karandikar VS State of Maharashtra & Ors.
______________________________________________________________________________
Office Notes, Office Memoranda of Coram,
Appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Mr. S.B. Tiwari, Advocate for the Petitioner.
Mr. N.S. Rao, AGP for Respondent Nos.1 to 3/State.
Mr. K.S. Narwade, Advocate for Respondent No.4.
Mr. R.D. Bhuibhar, Advocate for Respondent Nos.6 & 7.
Mr. S.S. Shingane, Advocate for Respondent No.8.
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CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ.
DATE : 13.01.2026 Though a very serious issue relating to maintenance of standard of education is involved in the present petition, in the backdrop of not filling the posts for years together, this Court, vide order dated 8th September 2025, directed respondent No.7 to file an affidavit furnishing details as regards the strength of students in the law colleges run by respondent No.7, the sanctioned posts of teaching staff, and the details of teaching staff appointed on permanent basis. Respondent No.7 was further directed to provide information as regards the number of teachers working as visiting faculty in such law colleges. Accordingly, an affidavit has been filed containing the following details:
Respondent No.6 College (Academic Year 2025-26) Sr. LLB LLM Total No. (LLB + LLM) A Sanctioned Post 6 10 16
997.PIL.50.2023 2/4 B Existing Permanent 3 3 6 Faculty C Vacancy 3 7 10 D Contract Basis 12 --- ---
E Contributory Basis 39 --- --- F Total Working 54 3 6 (Permanent Faculty, Contractual and Clock Hour Basis) Respondent No.8 College (Academic Year 2025-2026) Sr. No. LLM A Sanctioned Post 4 B Existing Permanent Faculty 2 C Vacancy 2
2. Thereafter, upon a grievance raised by both the Universities that the Government is not taking any decision with regard to granting permission to advertise various posts, this Court, vide order dated 23rd December 2025, observed that the Government is free to take a decision on such proposals submitted by both the Universities, namely Rashtrasant Tukdoji Maharaj Nagpur University and Sant Gadge Baba Amravati University.
3. Thereupon, respondent No.1 has filed an affidavit stating that on 7th August, 2019, the Government had granted approval for 92 posts at the L.I.T. Nagpur, which was then included in the department of respondent No.6. Thereafter, the roster was finalised on 16th November, 2022 and an advertisement for filling teaching posts was published on
997.PIL.50.2023 3/4 12th August, 2023. However, on 29th August, 2023, the said L.I.T. Department became separate and was notified as an independent University.
4. The affidavit further states about a joint meeting held on 19th January, 2024 with the Registrars of Nagpur University and L.I.T. University to decide the staffing pattern of both institutions. It further states that respondent No.6 communicated with respondent No.1 on 7th February, 2024, proposing a staffing pattern of respondent No.6 and requesting respondent No.1 to approve the same by issuing a modified Government Resolution for sanctioned posts, so that the vacant posts could be filled.
5. The concluding paragraph of the affidavit says that the process for sanctioning the revised staffing pattern for both the Universities is currently underway.
6. The above referred dates speak volumes about the lethargic and delayed approach in carrying out the recruitment process. As per the affidavit, the process started in the year 2019, and the current status is that the process for sanctioning the revised staffing pattern for both the Universities is "currently underway". We are now in the year 2026. Thus, it is evident that even after seven years, the process is not finalised.
7. The inaction on the part of the State and the Universities in not filling the posts, would directly affect the standard of education in these law colleges.
997.PIL.50.2023 4/4
8. Despite the State having knowledge of the seriousness and consequences of such inaction, the authorities are slow in taking steps to sanction and revise the staffing pattern and to grant permission to the Universities to fill up the posts.
9. Having observed so, we hereby direct respondent No.1 to complete the process of sanctioning the revised staffing pattern for both the Universities and to grant permission to fill up the posts within a period of six months from today. Failure to do so, respondent No.1 shall furnish the names of the concerned officers to take appropriate action against those officers.
10. List this matter on 14th July, 2026.
11. The compliance report shall be filed by respondent No.1 on or before 13th July, 2026.
12. The learned AGP to communicate this order to respondent No.1 within a period of one week from today.
(RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 16/01/2026 18:28:38