Bombay High Court
Yashwant Digambarrao Deshmukh vs Vasantrao Naik Marathwada ... on 14 November, 2017
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10374 OF 2017
Dr. Yashwant s/o Digambarrao Deshmukh
age 45 years, occ. service as
Junior Lecturer
r/o New Shahu Nagar,
Nanded
Tq. & Dist. Nanded Petitioner
Versus
1. Vasantrao Naik Marathwada
Agricultural University
Parbhani, Dist. Parbhani
Through its Registrar
2. The Vice Chancellor
Vasantrao Naik Marathwada
Agricultural University
Parbhani, Dist. Parbhani Respondents
Mr. , advocate for petitioner.
Mr. , A.G.P. for respondents.
CORAM : R.M.BORDE &
SMT. VIBHA KANKANWADI, JJ.
DATE : 14th NOVEMBER, 2017
ORAL JUDGMENT : ( PER R. M. BORDE, J. )
1. Heard.
2. Rule. Rule made returnable forthwith. Heard finally at
admission stage with the consent of learned counsel for the
respective parties.
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3. Petitioner, who intends to participate in the process of
selection for appointment to the post of Assistant Professor in Bio-
Technology, is aggrieved by the decision taken by respondent -
University holding him ineligible to apply for the said post.
4. Petitioner has completed Bachelor of Veterinary Science and
Animal Husbandary and is also awarded Masters degree in Dairy
Science. Petitioner thereafter acquired Ph.D. in Bio-technology.
Petitioner claims that he possesses requisite qualification for the
post advertised and as such, the decision taken by the University
holding him ineligible to participate in the process is erroneous
and deserves to be set aside.
5. The Government of Maharashtra in exercise of powers
conferred under sub-section (6) of section 38 of the Maharashtra
Agricultural Universities (Krishi Vidyapeeths) Act, 1983, has
framed Maharashtra Agricultural Universities (Krishi Vidyapeeths)
Statues, 1990, applicable to all agricultural universities in the
State of Maharashtra. The University Grants Commission and
Indian Council of Agricultural Research, New Delhi have
prescribed qualification and method of appointments and
evaluation of Academic Officers, Head of Departments and other
equivalent posts and qualification of Academic Staff Members of
the University which has necessitated the State Government to
amend the Statute already framed in conformity with the
qualifications prescribed by the University Grants Commission and
Indian Council of Agricultural Research, New Delhi. The Statutes
have been framed by the State in the year 2014 and Appendix III
framed under Statue 73 prescribes qualification for the academic
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post. So far as the post of Assistant Professor is concerned, it is
prescribed that the candidate shall hold Ph.D. in the relevant
discipline or Masters degree in relevant discipline from an
accredited University alongwith National Eligibility Test (NET)
conducted by Indian Council of Agricultural Research (ICAR) /
University Grants Commission (UGC) / Council of Scientific and
Industrial Research (CSIR) or similar test accredited by the
University Grants Commission (UGC) like State Level Eligibility
Test (SLET) / State Eligibility Test (SET). National Eligibility Test
(NET) /State Level Eligibility Test (SLET) / State Eligibility Test
(SET) shall also not be required for such masters programms in
disciplines for which National Eligibility Test (NET) / State Level
Eligibility Test (SLET) / State Eligibility Test (SET) is not conducted.
6. Petitioner herein is held ineligible to participate in the
process on the ground that he has been awarded Masters degree in
Dairy Science whereas his graduation degree is in Veterinary
Science discipline. It is not a matter of dispute that petitioner has
been awarded Ph.D. degree in Bio-technology and as such, in
terms of the Statute framed by the University, petitioner shall be
deemed to have requisite qualification prescribed for the post.
Contention of respondent that apart from holding Ph.D. degree the
candidate shall also possess graduation degree as well as post
graduation degree in the relevant discipline is not in conformity
with the the Statue framed by the University. Since petitioner
holds Ph.D. degree in relevant discipline he shall have to be held
eligible to participate in the process. The decision rendered by
respondent - University holding petitioner ineligible to participate
in the process of selection is erroneous and as such deserves to be
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set aside and the same is accordingly set aside. Respondents are
directed to permit petitioner to participate in the process of
selection and to take appropriate decision in conformity with the
merit and other relevant aspects. Rule is accordingly made
absolute. No costs.
SMT. VIBHA KANKANWADI R.M.BORDE
JUDGE JUDGE
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