Bombay High Court
Dr.Uddhav Deshmukh And Another vs State Of Maharashtra And Other S on 20 September, 2016
Bench: V.A. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 3774 OF 1997
1) Dr. Uddhav Deshmukh, aged 49 years,
occupation : Professor in Surgery,
Dr. Punjabrao Deshmukh Memorial
Medical College, Amravati.
2) Dr. Krishna Vilhekar, aged 45 years,
occupation : Professor in Paediatrics,
Dr. Punjabrao Deshmukh Memorial
Medical College, Amravati.
3) Dr. Dilip Sheshrao Jane, aged about
63 years, occupation : Dean,
Dr. Punjabrao Deshmukh Memorial
Medical College, Amravati. ... Petitioners
- Versus -
1) State of Maharashtra, through its
Secretary, Department of Medical
Education and Drugs, Mantralaya,
Mumbai - 32.
2) Director of Medical Education and
Research, Dental College Compound,
Mumbai - 32.
3) Amravati University, Amravati,
through its Vice Chancellor.
4) Shri Shivaji Education Society,
Amravati, through its Secretary,
resident of Amravati.
5) Dr. P.R. Somwanshi, Dean,
Dr. Punjabrao Deshmukh Memorial
Medical College, Amravati.
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6) Maharashtra University of Health
Sciences, through its Vice Chancellor
having its office at Dindori Road,
Mhasrul, Nashik - 422 004. ... Respondents
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Shri S.V. Purohit, Advocate for petitioners.
Shri A.V. Palshikar, Assistant Government Pleader for respondent nos.1
and 2.
Shri A.R. Sambre, Advocate for respondent no.4.
Smt. N. Jog, Advocate and Shri S.S. Shingane, Advocate for respondent
no.5.
Shri A. Deshpande, Advocate for respondent no.6.
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CORAM : SMT. VASANTI A NAIK AND
KUM. INDIRA JAIN, JJ.
DATED : SEPTEMBER 20, 2016
ORAL JUDGMENT (PER SMT. VASANTI A NAIK
, J.) :
Only two prayers are made by the petitioners in the instant
petition - one being (a) by an appropriate writ, order or direction, this
Hon'ble Court be pleased to quash and set aside the order dated 26.9.1997
appointing respondent no.5 as the Dean of Dr. Punjabrao Deshmukh
Memorial Medical College, Amravati as the same is illegal and bad in law
and (e) be further pleased to quash the approval illegally granted by the
respondent no.3 Amravati University to the appointment of respondent
no.5 Dr. Somwanshi as Professor of Medicine when he was not eligible for
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the post.
According to the petitioners, who are Professors, they were
entitled to be appointed as Dean in Dr. Punjabrao Deshmukh Memorial
Medical College, Amravati in the year 1997 when the respondent no.5 was
appointed as Dean in the said College. It is the case of the petitioners
that the respondent no.5 did not possess the requisite qualification for
being appointed as a Professor also and, therefore, the approval granted to
his appointment as Professor was liable to be cancelled.
It is brought to the notice of this Court by the learned Counsel
for the respondents that the cause for filing the writ petition has been
rendered infructuous due to subsequent development. It is stated that the
services of the respondent no.5 are terminated, with the result, the
respondent no.5 has ceased to be the Dean of Dr. Punjabrao Deshmukh
Memorial Medical College, Amravati.
If the respondent no.5 has ceased to be the Dean, the cause for
challenging the approval to the appointment of the respondent no.5 as a
Professor would also not survive. The petitioner nos.1 and 2 have retired
on attaining the age of superannuation. Since the petitioner no.3 is
temporarily holding the post of Dean of Dr. Punjabrao Deshmukh
Memorial Medical College, Amravati, if an occasion arises in future, he
would be free to challenge the appointment of the respondent no.5 on the
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post of Dean, if it is permissible for him to do so, in law. Hence, we
dispose of the writ petition as infructuous with no order as to costs.
Rule stands discharged. The points raised in the writ petition
are kept open.
JUDGE JUDGE
khj
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CERTIFICATE
I certify that this judgment uploaded is a true and correct
copy of the original signed judgment.
Uploaded by : Uploaded on :
Kamal H. Jeswani 21/9/2016
Private Secretary
CERTIFICATE
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I certify that this judgment uploaded is a true and correct
copy of the original signed judgment.
Uploaded by : Uploaded on :
Kamal H. Jeswani 21/9/2016
Private Secretary
