Bombay High Court
Vandana Gopalrao Lande vs Dr. Panjabrao Deshmukh Krishi ... on 6 June, 2016
Bench: V.A. Naik
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.2019/1996
PETITIONER: Ku. Vandana Gopalrao Lande,
Aged about 25 years, Occupation -
Research Fellow, resident of
Jawaharnagar, Akola, Tq. and Distt.
Akola.
...VERSUS...
RESPONDENTS : 1. Dr. Panjabrao Deshmukh Krishi -
Vidyapeeth, Akola through its Vice-Chancellor.
2. Dr. Panjabrao Deshmukh Krishi-
Vidyapeeth, Akola through its Registrar.
3. Shri P.A. Warade, Chairman of
Selection Committee & Director of
Instructions Dr. Panjabrao Deshmukh Krishi
Vidyapeeth, Akola Tq. & Distt. Akola.
(As per Court's order dated 13/10/14
Res.No.3 is Deleted)
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None for the petitioner
None for the respondents
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CORAM : SMT. VASANTI A. NAIK, AND
MRS. SWAPNA JOSHI, JJ.
DATE : 06.06.2016
ORAL JUDGMENT (PER : SMT. VASANTI A. NAIK, J.)
By this writ petition, the petitioner seeks a direction to the
respondent no.1 - University to appoint the petitioner on the post of
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Senior Research Assistant (Agricultural Engineering) w.e.f. 9.5.1996. The
petitioner seeks a declaration that the proceedings of the respondent no.3
- Selection Committee are illegal and the petitioner needs to be appointed
on the post of Senior Research Assistant.
None appeared for the petitioner on 17.5.2016 and hence,
the matter was adjourned. None appears for the petitioner today also. We
have perused the writ petition and the grounds raised therein.
The petitioner had acquired the Degree in Bachelor of
Technology (Agricultural Engineering) in the year 1989. According to the
petitioner, the petitioner had an experience of six years as a Junior
Research Assistant and hence, the petitioner was eligible for appointment
to the post of Senior Research Assistant (Agricultural Engineering). The
respondent no.2 issued an advertisement inviting applications for
appointment on various posts including the post of Senior Research
Assistant, on 25.5.1995. The petitioner applied in pursuance of the said
advertisement and was interviewed by the Selection Committee.
According to the petitioner, the candidature of the petitioner has been
wrongly rejected on the ground that the petitioner did not possess the
requisite experience of three years as a Junior Research Assistant after
acquiring the Bachelor's Degree in Agricultural Engineering. The
petitioner has therefore challenged the proceedings of the Selection
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Committee and sought a direction to the respondents to appoint the
petitioner on the post of Senior Research Assistant w.e.f. 9.5.1996.
We have minutely perused the writ petition and the
documents annexed thereto. It appears from the advertisement that is
annexed to the writ petition that a candidate applying for the post of
Senior Research Assistant was required to possess a Bachelor's Degree in
first class with distinction or a Bachelor's Degree in second class with
three years experience as a Junior Research Assistant or its equivalent.
Admittedly, the petitioner possessed the Degree of Bachelor of
Engineering in second class while applying for the post of Senior Research
Assistant. As per the advertisement, the petitioner was required to possess
an experience of three years as a Junior Research Assistant. It is the case
of the petitioner that the petitioner worked as a Technical Expert with
Sonal Engineering Works for the period from 1989 to 1993 and as a
Research Fellow in ICAR on ad hoc scheme in the Department of
Agricultural Process Engineering from 17.1.1991 to 24.3.1991. According
to the petitioner, the petitioner had worked as a Research Fellow in the
Department of Soil and Water Conservation from 16.12.1993 to
28.9.1994. Lastly, according to the petitioner, the petitioner had worked
as a Research Fellow from 14.10.1994 to 4.7.1995 in the Department of
Irrigation and Drainage Engineering of the respondents. On the basis of
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the aforesaid experience, it appears that the petitioner claims to have
possessed the requisite experience of more than three years as a Junior
Research Assistant. Though a reference to the said experience is made in
paragraph no.1 of the writ petition, we do not find any documents in
support of the said claim. There is nothing on record to show that the
petitioner did possess the requisite experience of at least three years as a
Junior Research Assistant before applying for the post of Senior Research
Assistant. It appears from the averments in the writ petition that the claim
of the petitioner was rejected in the absence of the requisite experience.
Despite the rejection of the claim of the petitioner due to absence of the
requisite experience, the petitioner has not annexed the relevant
documents to show that the petitioner did possess the requisite
experience at the relevant time. Also, it is not clear from paragraph no.1
of the writ petition whether the petitioner possessed the experience as a
Junior Research Assistant or its equivalent post even assuming that the
data provided in the chart in paragraph no.1 of the writ petition is
correct. Also, it is necessary to note that the relevant advertisement was
issued by the respondent no.2 as early as in the year 1995 and in
pursuance of the said advertisement, the appointment of an eligible
candidate appears to have been made on the said post. After a lapse of
more than 20 years, it would not be appropriate to consider the prayer of
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the petitioner, more so, when the claim of the petitioner is not supported
by the relevant material to substantiate the claim.
For the reasons aforesaid the writ petition is dismissed with
no order as to costs. Rule stands discharged.
JUDGE JUDGE
Wadkar
