Bombay High Court
Ishwar S/O Baliramji Borkar vs University Grants Commission, Thr Its ... on 22 February, 2017
Author: V.M.Deshpande
Bench: Vasanti A Naik, V.M.Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4872 OF 2011
PETITIONER :- Dr.Sangita Prabhakar Raut, Aged about 33
years, Occupation : Service, resident of
Mukkam Post Armori, C/o Professor Suresh
Rewatkar, District Gadchiroli.
...VERSUS...
RESPONDENTS :- 1. University Grants Commission, Through its
Secretary, Bahadur Shah Jafar Marg, New
Delhi-110 002.
2. Rashtra Sant Tukdoji Maharaj Nagpur
University, Through its Registrar, Nagpur.
3. Shri Govind Prabhu College of Arts and
Commerce, Talodhi (Balapur) District
Chandrapur, through its Principal.
4. Kalyan Education Society, Through its
Secretary c/o "Unmesh" 103, Tikekar Road,
Dhantoli, Nagpur - 440 012.
5. The Joint Director (Higher Education),
Nagpur, Old Morris College Building,
Sitabuldi, Nagpur.
6. Gondwana University through its Registrar
having office at MIDC Road Complex,
Gadchiroli - 442 605.
7. Sau. Madhuri Namdeo Kokode, Aged about
45 years, Occu.: Service, R/o. C/o. Shri
Govind Prabhu College of Arts & Commerce,
Talodhi (Ba), Tq. Naghbid, Distt.
Chandrapur.
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Mr. Firdos Mirza, counsel for the petitioner.
Mr.B.G.Kulkarni, counsel for the respondent No. 6.
Mr. D.P.Thakre, Addl.Govt.Pleader for the respondent No.5.
Mr.S.S.Ghate, counsel for the respondent No.7.
None for the respondent Nos.1, 3 and 4.
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WRIT PETITION NO. 216 OF 2012
PETITIONER :- Ishwar s/o Baliramji Borkar, Aged about
major, Occupation : service, resident of at
Post Talodhi (Balapur), Taluka Nagbhid,
District Chandrapur.
...VERSUS...
RESPONDENTS :- 1. University Grants Commission, Through its
Secretary, Bahadur Shah Jafar Marg, New
Delhi-110 002.
2. Rashtra Sant Tukdoji Maharaj Nagpur
University, Through its Registrar, Nagpur.
3. Shri Govind Prabhu College of Arts and
Commerce, Talodhi (Balapur), Tq. Nagbhid,
District Chandrapur, through its Principal.
4. Kalyan Education Society, Through its
Secretary c/o "Unmesh" 103, Tikekar Road,
Dhantoli, Nagpur - 440 012.
5. The Joint Director (Higher Education),
Nagpur, Old Morris College Building,
Sitabuldi, Nagpur.
6. Gondwana University through its Registrar
having office at MIDC Road Complex,
Gadchiroli - 442 605.
7. Dr.Arunabha B. Ray, Aged about 45 years,
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Occu.: Service, R/o. C/o. Shri Govind
Prabhu College of Arts & Commerce,
Talodhi (Ba), Tq. Naghbid, Distt.
Chandrapur.
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Mr. Firdos Mirza, counsel for the petitioner.
Mr.B.G.Kulkarni, counsel for the respondent No. 6.
Mr. D.P.Thakre, Addl.Govt.Pleader for the respondent No.5.
Mr.S.S.Ghate, counsel for the respondent No.7.
None for the respondent Nos.1, 3 and 4.
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WRIT PETITION NO. 4873 OF 2011
PETITIONER :- Kishor S/o Sitaram Borkar, Aged about 36
years, Occupation : service, resident of
Mukkam Post Girgaon, Taluka Nagbhid,
District Chandrapur.
...VERSUS...
RESPONDENTS :- 1. University Grants Commission, Through its
Secretary, Bahadur Shah Jafar Marg, New
Delhi-110 002.
2. Rashtra Sant Tukdoji Maharaj Nagpur
University, Through its Registrar, Nagpur.
3. Shri Govind Prabhu College of Arts and
Commerce, Talodhi (Balapur), District
Chandrapur, through its Principal.
4. Kalyan Education Society, Through its
Secretary c/o "Unmesh" 103, Tikekar Road,
Dhantoli, Nagpur - 440 012.
5. The Joint Director (Higher Education),
Nagpur, Old Morris College Building,
Sitabuldi, Nagpur.
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6. Gondwana University through its Registrar
having office at MIDC Road Complex,
Gadchiroli - 442 605.
7. Nitesh Ramchanda Ramteke, Aged about 38
years, Occu.: Service, R/o. C/o. Shri Govind
Prabhu College of Arts & Commerce,
Talodhi (Ba), Tq. Naghbid, Distt.
Chandrapur.
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Mr. Firdos Mirza, counsel for the petitioner.
Mr.B.G.Kulkarni, counsel for the respondent No. 6.
Mr. D.P.Thakre, Addl.Govt.Pleader for the respondent No.5.
Mr.S.S.Ghate, counsel for the respondent No.7.
None for the respondent Nos.1, 3 and 4.
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WRIT PETITION NO. 4874 OF 2011
PETITIONER :- Manoj s/o Annaji Kawale, Aged about 40
years, Occupation : service, resident of
Talodhi, Taluka Nagbhid, District
Chandrapur.
...VERSUS...
RESPONDENTS :- 1. University Grants Commission, Through its
Secretary, Bahadur Shah Jafar Marg, New
Delhi-110 002.
2. Rashtra Sant Tukdoji Maharaj Nagpur
University, Through its Registrar, Nagpur.
3. Shri Govind Prabhu College of Arts and
Commerce, Talodhi (Balapur), Tq. Nagbhid,
District Chandrapur, through its Principal.
4. Kalyan Education Society, Through its
Secretary c/o "Unmesh" 103, Tikekar Road,
Dhantoli, Nagpur - 440 012.
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5. The Joint Director (Higher Education),
Nagpur, Old Morris College Building,
Sitabuldi, Nagpur.
6. Gondwana University, Gadchiroli, through
its Vice Chancellor.
7. Ku.Jaya W. Wagde, Aged about 30 years,
Occu. : Service, R/o. C/o. Shri Govind
Prabhu College of Arts & Commerce,
Talodhi (Ba), Tq. Naghbid, Distt.
Chandrapur.
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Mr. Firdos Mirza, counsel for the petitioner.
Mr.B.G.Kulkarni, counsel for the respondent No. 6.
Mr. D.P.Thakre, Addl.Govt.Pleader for the respondent No.5.
Mr.S.S.Ghate, counsel for the respondent No.7.
None for the respondent Nos.1, 3 and 4.
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WRIT PETITION NO. 4875 OF 2011
PETITIONER :- Angraj s/o Dadaji Borkar, Aged major,
Occupation : service, resident of Talodhi (B),
Taluka Nagbhid, District Chandrapur.
...VERSUS...
RESPONDENTS :- 1. University Grants Commission, Through its
Secretary, Bahadur Shah Jafar Marg, New
Delhi-110 002.
2. Rashtra Sant Tukdoji Maharaj Nagpur
University, Through its Registrar, Nagpur.
3. Shri Govind Prabhu College of Arts and
Commerce, Talodhi (Balapur), Tq. Nagbhid,
District Chandrapur, through its Principal.
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4. Kalyan Education Society, Through its
Secretary c/o "Unmesh" 103, Tikekar Road,
Dhantoli, Nagpur - 440 012.
5. The Joint Director (Higher Education),
Nagpur, Old Morris College Building,
Sitabuldi, Nagpur.
6. Gondwana University through its Registrar
having office at MIDC Road Complex,
Gadchiroli - 442 605.
7. Narendra Vishwanath Zade, Aged about 45
years, Occu.: Service, R/o. C/o. Shri Govind
Prabhu College of Arts & Commerce,
Talodhi (Ba), Tq. Naghbid, Distt.
Chandrapur.
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Mr. Firdos Mirza, counsel for the petitioner.
Mr.B.G.Kulkarni, counsel for the respondent No. 6.
Mr. D.P.Thakre, Addl.Govt.Pleader for the respondent No.5.
Mr.S.S.Ghate, counsel for the respondent No.7.
None for the respondent Nos.1, 3 and 4.
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WRIT PETITION NO. 4876 OF 2011
PETITIONER :- Vinod s/o Sambhashiv Gahane, Aged about
36 years, Occupation : service, resident of
Post Navargaon, Taluka Sindewahi, District
Chandrapur.
...VERSUS...
RESPONDENTS :- 1. University Grants Commission, Through its
Secretary, Bahadur Shah Jafar Marg, New
Delhi-110 002.
2. Rashtra Sant Tukdoji Maharaj Nagpur
University, Through its Registrar, Nagpur.
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3. Shri Govind Prabhu College of Arts and
Commerce, Talodhi (Balapur), Tq. Nagbhid,
District Chandrapur, through its Principal.
4. Kalyan Education Society, Through its
Secretary c/o "Unmesh" 103, Tikekar Road,
Dhantoli, Nagpur - 440 012.
5. The Joint Director (Higher Education),
Nagpur, Old Morris College Building,
Sitabuldi, Nagpur.
6. Gondwana University through its Registrar
having office at MIDC Road Complex,
Gadchiroli - 442 605.
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Mr. Firdos Mirza, counsel for the petitioner.
Mr.B.G.Kulkarni, counsel for the respondent No. 6.
Mr. D.P.Thakre, Addl.Govt.Pleader for the respondent No.5.
None for the respondent Nos.1, 3 and 4.
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CORAM : SMT. VASANTI A NAIK &
V.M.DESHPANDE, JJ.
DATED : 22.02.2017 O R A L J U D G M E N T (Per Smt.Vasanti A Naik, J.) Since the issue involved in these writ petitions is identical, they are heard together and are decided by this common judgment.
By these writ petitions, the petitioners challenge the communications of the respondent No.1-University Grants Commission, ::: Uploaded on - 24/02/2017 ::: Downloaded on - 25/02/2017 00:46:49 ::: 2202WP4872.11+5-Judgment 8/13 rejecting the proposal for grant of exemption to the petitioners from securing the NET-SET qualification.
According to the petitioners, the petitioners were appointed on ad hoc basis in the respondent No.3-college from time to time. In the year 2004, the respondent No.3-college published an advertisement for appointment of assistant professors/lecturers on regular basis. One of the eligibility conditions for appointment to the post of assistant professor/lecturer was to possess the NET-SET qualification. The petitioners admittedly do not possess the said qualification. It is the case of the petitioners that they were selected in the year 2004, for appointment to the post of lecturers, but they were not appointed. The petitioners have secured M.Phil. or Ph.D. qualification before the cut-off date, i.e., 11/07/2009, as per the University Grants Commission guidelines and hence according to the petitioners, they were entitled to exemption from appearing at the NET-SET examination. As per the University Grants Commission guidelines, the lecturers/assistant professors, who were in service and who had secured Ph.D. or M.Phil. qualification before the cut off date, i.e. 11/07/2009, were entitled to exemption from the NET-SET, however, it was necessary for the University Grants Commission to pass a formal order exempting the said lecturers. Though the petitioners were not actually appointed in the ::: Uploaded on - 24/02/2017 ::: Downloaded on - 25/02/2017 00:46:49 ::: 2202WP4872.11+5-Judgment 9/13 respondent No.3-college, the university forwarded the proposal of the petitioners to the University Grants Commission for grant of exemption from appearing at the NET-SET examination. In view of the directive of the Central Government dated 30/03/2010, the University Grants Commission rejected the application of the petitioners for grant of exemption from securing the NET-SET qualification. The said communications of the University Grants Commission are impugned by the petitioners in these petitions.
Shri Mirza, the learned counsel for the petitioners, submitted that though the petitioners were not appointed after they were selected in the year 2004, the university had forwarded their proposal to the University Grants Commission for grant of exemption from securing the NET-SET qualification. It is submitted that since the petitioners secured the M.Phil. or Ph.D. qualification before the cut-off date, i.e. 11/07/2009, the petitioners were entitled to exemption. The learned counsel relied on the judgment, reported in 2010 (4) Mh.L.J. 572 (Sudhir s/o Sharadrao Hunge and anohter v. State of Maharashtra and others) and the unreported judgments dated 13/06/2014 in Writ Petition Nos.1524 of 2014 and 1525 of 2014 to substantiate his submission. It is stated that this court had held in the said judgments dated 13/06/2014 that since the petitioners in those cases had ::: Uploaded on - 24/02/2017 ::: Downloaded on - 25/02/2017 00:46:49 ::: 2202WP4872.11+5-Judgment 10/13 possessed M.Phil. degree on or before 11/07/2009, they were entitled for exemption.
Shri Kulkarni, the learned counsel for the respondent No.6, vehemently opposed the prayer made in the writ petitions. It is submitted that the decision of the University Grants Commission, rejecting the proposals of the petitioners is based on the directive of the Central Government dated 30/03/2010. It is stated that by the directive of the Central Government dated 30/03/2010, the University Grants Commission is not permitted to grant exemption to the lecturers/ assistant professors, who did not possess NET-SET qualification. It is stated that after the Central Government issued the directive on 30/03/2010, the University Grants Commission was prohibited from granting exemption. It is submitted that the case of the petitioners is worse, as in the other cases where exemption was granted, the lecturers/assistant professors were in service, but the petitioners are not in service and they were only selected in 2004. It is stated that mere selection of the petitioners would not create any right in the petitioners to seek the exemption. In any case, according to the learned counsel, after the Central Government has issued the directive dated 30/03/2010, the University Grants Commission is not empowered to grant exemption. It is stated that an identical issue came up for ::: Uploaded on - 24/02/2017 ::: Downloaded on - 25/02/2017 00:46:49 ::: 2202WP4872.11+5-Judgment 11/13 consideration before the Hon'ble Supreme Court in the case of P. Suseela and others v. University Grants Commission and others and the Hon'ble Supreme Court has in the judgment, reported in (2015) 8 SCC 129 held that the petitioners therein, just like the petitioners in the present cases, did not have any right to seek the exemption. The learned counsel sought for the dismissal of the writ petitions.
Shri Thakre, the learned Additional Government Pleader appearing for the respondent No.5, submitted that he has nothing to say in the matter, as according to him, no relief was sought against the respondent No.5.
Shri Ghate, the learned counsel for the respondent No.7, adopted the arguments advanced on behalf of the respondent No.6- university.
The issue involved in this cases stands answered against the petitioners by the judgment of the Hon'ble Supreme Court in the case of P.Suseela and others (supra). In the case before the Hon'ble Supreme Court, just like the cases in these writ petitions, the persons possessing M.Phil. degree and Ph.D. degree and who were not appointed as lecturers/assistant professors in any university, college, institution, had ::: Uploaded on - 24/02/2017 ::: Downloaded on - 25/02/2017 00:46:49 ::: 2202WP4872.11+5-Judgment 12/13 approached the court. In the cases before the Hon'ble Supreme Court, the directive of the Central Government dated 30/03/2010 was challenged. While overruling the challenge raised on behalf of the petitioners therein, the Hon'ble Supreme Court held that the Central Government had the power to give directions on questions of policy relating to national purposes which could guide the University Grants Commission in the discharge of its function under the University Grants Commission Act. After rejecting the challenge to the circular of the Central Government dated 30/03/2010, the Hon'ble Supreme Court held that the individual petitioners therein, just like the petitioners in the cases before us, did not have a vested right to seek exemption from securing the NET-SET qualification. The Hon'ble Supreme Court observed that at the highest, the individuals before the Hon'ble Supreme Court could only contend that they have a right to be considered for the post of lecturers/assistant professors. The court went on to add that the right to be considered for a post is always subject to minimum eligibility conditions and merely because an additional eligibility condition in the form of NET test is laid down, it does not mean that any vested right of the individual is affected. The petitions filed by the individuals that were similarly placed were dismissed by the Hon'ble Supreme Court by the judgment in the case of P.Suseela and others (supra). The judgment of the Hon'ble Supreme ::: Uploaded on - 24/02/2017 ::: Downloaded on - 25/02/2017 00:46:49 ::: 2202WP4872.11+5-Judgment 13/13 Court would apply to the facts of this case with full force and it would not be proper to consider granting relief to the petitioners on the basis of the judgments on which the counsel for the petitioners has placed reliance, specially when the said judgments were rendered at an earlier point of time and the Hon'ble Supreme Court has rendered the decision in the case of P.Suseela and others (supra) on 16/03/2015. Admittedly, in this case the petitioners were not appointed when their proposals were forwarded by the university to the University Grants Commission for exemption in the year 2009 and no exemption was granted in favour of the petitioners before the Central Government issued the directive dated 30/03/2010.
Hence, for the reasons recorded herein above and for the reasons recorded in the case of P.Suseela and others (supra), we dismiss the writ petitions with no order as to costs..
JUDGE JUDGE
KHUNTE
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