1 WP-2171-17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Writ Petition No.2171 of 2017
Dr Sunanda w/o Marotrao Charde,
Aged 42 years, Occ. Service
R/o Deshpande Wadi, Behind Police
Station, near library, Tah. Tajura,
District Chandrapur
.. PETITIONER
.. Versus ..
1. Gondwana University, Gadchiroli,
Through its Vice Chancellor,
2. The State of Maharashtra,
Through Secretary,
Department of Higher Education,
Mantralaya, Mumbai-32.
3. Joint Director of Higher Education,
Nagpur Division, Old Morris College,
Civil Line, Nagpur.
4. Chimur Samajonnati Multipurpose
Society, Tq. Chimur, Dist. Chandrapur.
Through its President.
5. Art and Commerce College, Bhisi
Tahsil Chimur, Dist. Chandrapur
Through its Headmaster
.. RESPONDENTS
Mr. P.S. Wathore, Advocate for Petitioner.
Mr. S.A. Marathe, Advocate for Respondent No.1.
Mr. N.S. Rao, AGP for Respondent Nos. 2 & 3.
...
CORAM : B.R. GAVAI & MRS. SWAPNA S. JOSHI, JJ.
DATED : NOVEMBER 21, 2017.
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2 WP-2171-17.odt ORAL JUDGMENT (per B.R. Gavai, J. ) 1. Rule. Rule made returnable forthwith. Heard finally by
consent of learned counsel appearing for the parties.
2. The petitioner, by way of present writ petition, impugns the order passed by respondent No.1- University, thereby rejecting the proposal for grant of approval to the appointment of the petitioner.
3. In response to the advertisement issued by respondent Nos. 4 and 5, the petitioner had applied for the post of Assistant Professor in Marathi. The Selection Committee duly constituted under the provisions of law, selected the petitioner. The petitioner came to be appointed by respondent Nos. 4 and 5 vide order dated 15.09.2016.
4. The proposal came to be sent to the respondent- University for grant of approval. The same is rejected on the ground that since the petitioner does not possess 55 % of the marks in Post Graduate level, she is not entitled for approval.
5. The learned counsel for the respondent-University submits that the basic eligibility for considering approval to the post of Assistant Professor is 55% of the marks at the Post ::: Uploaded on - 21/11/2017 ::: Downloaded on - 22/11/2017 01:51:10 ::: 3 WP-2171-17.odt Graduate Level. He submits that the petitioner belongs to reserved category and since her appointment was made on a post earmarked for open category, she is not entitled to regularisation.
6. It will be relevant to refer to the Notification issued by University Grants Commission on 11.07.2016 and particularly clause 3.4.1 thereof:-
3.4.1 A relaxation of 5% may be A relaxation of 5% may be provided at the graduate provided at the graduate and and Master's level for the Master's level for the Scheduled Castes/Scheduled Scheduled Castes/Scheduled Tribes/Differently-bled Tribes/Differently-bled physically and visually physically and visually differently-abled) categories differently-abled)/Other for the purpose of eligibility Backward Classes (OBC) and for assessing good (Non-creamy layer) academic records during categories for the purpose of direct recruitment to engromy and for assessing teaching positions. The good academic records eligibility marks of 55% during direct recruitment to marks (or an equivalent teaching positions. The grade in a point scale eligibility marks of 55% wherever grading system is marks (or an equivalent follwoed) and the relaxation grade in a point scale of 5% tot he categories wherever grading system is mentioned above are followed) and the relaxations permissible, based on only of 5% to the categories the qualifying marks without mentioned above are including any grace mark permissible, based on only procedure. the qualifying marks without including any grace mark procedure.
7. It could thus be clearly seen that even prior to the provisions which were made by the U.G.C. prior to Notification dated 11.07.2016 and even thereafter a relaxation of 5 % is granted to the candidate belonging to Scheduled Caste/Scheduled ::: Uploaded on - 21/11/2017 ::: Downloaded on - 22/11/2017 01:51:10 ::: 4 WP-2171-17.odt Tribes/Differently-abled (physically and visually differently- abled)/Other Backward Classes etc. Not only that, the State Government vide communication dated 29.11.2005 has informed all the Universities that in view of the Notification issued by the University, the candidate belonging to SC/ST are entitled to relaxation by 5% even for the post meant for open category.
8. Undisputedly the petitioner belongs to S.C. Category. As such the petitioner would be qualified to be appointed on the post of Assistant Professor even if she possesses 50 % of the marks at the Post Graduate level. It is not in dispute that the petitioner possesses more than 50% of the marks i.e. 50.60 %.
9. In that view of the matter, the writ petition deserves to be allowed. Rule is made absolute by quashing and setting aside the order dated 21.03.2017. The respondent-University is directed to grant approval to the appointment of the petitioner as Assistant Professor. No costs.
(Mrs. Swapna S. Joshi, J. ) (B.R. Gavai, J.) ...
halwai/p.s.
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