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Dr.Sudhir Ganesh Wadodkar & 2 ... vs State Of Maharashtra & Another
2016 Latest Caselaw 5079 Bom

Citation : 2016 Latest Caselaw 5079 Bom
Judgement Date : 30 August, 2016

Bombay High Court
Dr.Sudhir Ganesh Wadodkar & 2 ... vs State Of Maharashtra & Another on 30 August, 2016
Bench: V.A. Naik
                                                        1                                          wp 1463.03.odt 

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                         NAGPUR BENCH, NAGPUR.




                                                                                                           
                                 WRIT PETITION No. 1463/2003




                                                                                
    Dr. Arun s/o Marotrao Khurad,
    Aged about 52 years, Occupation-Service,
    Resident of 70, Vidya-Vihar, Pratap Nagar, 




                                                                               
    Nagpur, Tah and Dist. Nagpur.                                              PETITIONER


                                                     .....VERSUS.....




                                                                  
    1]       The State of Maharashtra, through its Secretary, 
             Ministry of Education and Higher Education, 
                                          
             Mantralaya, Mumbai.

    2]       The Nagpur University, Nagpur through it's Registrar,
                                         
    3]       Mrs. Vidya Vasant Baile,                   (Amended as per Court's order 
             Aged about 48 years, HIG B/37,       dated 11-06-2003)
             NIT Colony, Atrey Layout, Nagpur.                              R
                                                                               ESPONDENTS
                                                                                         
           


                                       None for the petitioner.
        



               Shri K.L. Dharmadhikari, Assistant Government Pleader for respondent no.1.


                                                                         And





                                  WRIT PETITION (Civil) No. 1569/2003

    1]       Dr. Sudhir s/o Ganesh Wadodkar,
             Aged about 59 years, Occupation-Service,





    2]       Dr. Champalal s/o Laxminarayan Lakohtia,
             Aged about 59 years, Occupation- Service,

    3]       Arun s/o Triyambakrao Patil,
             Aged about 51 years, Occupation- Service,
             All 1 to 3 residents of C/o.-Shri A.T. Patil, 
             Plot No.18, Zade Lay out, Bharat Nagar, 
             Nagpur 440 001.                                                       PETITIONERS


                                                     .....VERSUS.....



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                                                         2                                          wp 1463.03.odt 


    1]       The State of Maharashtra, 
             through the Department of 




                                                                                                           
             Higher and Technical Education, 
             Mantralaya Annex., Mumbai,




                                                                                
    2]       The Nagpur University, Nagpur
             through its Registrar.                                                R
                                                                                      ESPONDENTS
                                                                                                




                                                                               
                                       None for the petitioners.
                               Shri Abdul Subhan, Advocate holding for
                   Shri Firdos Mirza, Advocate for the applicant (C.A. No.3006/03)
               Shri K.L. Dharmadhikari, Assistant Government Pleader for respondent no.1.




                                                              
                                         ig                         And

                                WRIT PETITION (CIVIL) No. 1571/2003
                                       
    1]       Dr. Alka Chaturvedi,
             Aged about 46 years, Occupation-Service-
             Reader, Post-Graduate Department, 
             Nagpur University, Nagpur,
           


    2]       Dr. Ramchandra Balaji Pode,
             Aged about 46 years, Occupation- Service- 
        



             Reader, Department of Physics, 
             Nagpur University, Nagpur,

    3]       Dr. Nihar Ranjan Mrinal,





             Aged about 57 years Occupation- Service- 
             Reader, Designated and Head of the Department
              of Psychology, resident of 17, University Quarters, 
             L.I.T. Premises, Amravati Road, Nagpur 440 010.  





    4]       Dr. Mrs. Anjali P. Kulkarni,
             Aged about 57 years, Occ.-Service, 
             resident of 15, Sudarshan, Abhyankar Nagar, Nagpur 10,  

    5]       Dr. R.Y. Mahore,
             Aged about 53 years, Occupation- Service, 
             Resident of c/o.-Post Graduate Department of Economics, 
             Nagpur University, Nagpur.                                           PETITIONERS


                                                  .....VERSUS.....




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                                                         3                                          wp 1463.03.odt 

    1]       The State of Maharashtra, 
             through the Department of Higher 
             and Technical Education, Mantralaya Annex., Mumbai,




                                                                                                           
    2]       The Nagpur University, Nagpur
             through its Registrar.                                                 R
                                                                                       ESPONDENTS
                                                                                                 




                                                                                
                                      None for the petitioners.




                                                                               
               Shri K.L. Dharmadhikari, Assistant Government Pleader for respondent no.1.

                                                         Coram : Smt. Vasanti  A  Naik  & 
                                                                       Kum. Indira Jain, JJ.

Dated : 30 August, 2016.

th

ORAL JUDGMENT (Per Smt. Vasanti A Naik, J.)

Since the issues involved in these Writ Petitions are identical and

similar prayers are made therein, they are heard together and are decided by

this common judgment.

By these Writ Petitions the petitioners have challenged the

advertisement dated 08-01-2003, issued by the respondent-University for

appointment on the posts of Professors in the subject of Zoology. The

petitioners have sought a declaration that the post of Professor in Zoology is a

single isolated post and the same could not be clubbed with any other subject

of specialization, in Zoology. Certain other unnecessary prayers are also

made.

Though we had issued Rule in the matters, no interim relief was

granted in favour of the petitioners. At the relevant time, when the petitions

were filed in the year 2003 all the petitioners had crossed the age of 50 and

4 wp 1463.03.odt

one of the petitioners was 59 years of age. Since there was no stay to the

advertisement the Nagpur University has made the appointments of Professors

in the subject of Zoology. The said Professors are working since past several

years. It is most likely the cause of filing the petitions have been rendered

infructuous due to the passage of time. More than 13 years have lapsed from

the date of filing of the Writ Petitions.

Hence, in view the aforesaid, the Writ Petitions stand disposed of with

no order as to costs.

Rule stands discharged.

                              JUDGE                                             JUD
                                                                                   GE
                                                                                      
         
      



     Deshmukh







                                                         5                                          wp 1463.03.odt 


                                                                                               C E R T I F I C A T E
                                                                                                




                                                                                                                                    

"I certify that this Judgment uploaded is a true

and correct copy of original signed Judgment."

                                                          Uploaded by :                      Uploaded on :

                                                          (Deshmukh)                         02/09/2016
                                                                       P.A. to the Hon'ble Judge.




                                                                                                   
                                                               
                                                              
           
        







 

 
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