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Heard. RULE. Rule is made returnable forthwith.

2. Since the issue involved in both the petitions is identical, they are taken together for final disposal by consent of both the parties.

19 J.wp.313.2022 and 616.2022.odt

3. In the present petitions, the grievance raised by the petitioners is that they are working as non-teaching staff in respondent no.4 University and their services are governed by the Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Code (Terms and Conditions of Service of Non-Teaching Employees) Rules, 1984 (for the sake of convenience, hereinafter referred to as 'the Standard Code'). However, the State Government by the Government Resolution ('GR') dated 20.05.2010 without following the mandate of Section 8(3) and (4) of the Maharashtra Universities Act, 1994 declared that the Standard Code has been repealed. As a consequence of the same, Government Notification dated 06.06.2017 made applicable to their services. The Vice Chancellor under the pretext that the Standard Code has been repealed, time and again by invoking extra-ordinary powers available with him under Section 12(8) of the Maharashtra Universities Act, 1994 as well as the Maharashtra Public Universities Act, 2016 issued directions. As a consequence of the same, their promotional channel has been closed. Hence, they approached before this Court by way of present petitions.

(c) It is declared that the service conditions and manner of 45 J.wp.313.2022 and 616.2022.odt recruitment and qualification in respect of non-teaching staff of Nagpur University shall be governed by the Maharashtra Non-agricultural Universities and Affiliated Colleges Standard Code (terms and conditions of non-teaching employees) Rules, 1984 and according to the said provisions, respondent no. 4 University to issue consequential benefits of service including promotion to higher post to petitioners.