Bombay High Court
Dr. Sunanda W/O Marotrao Charde vs Gondwana University, Gadchiroli ... on 21 November, 2017
Bench: B.R. Gavai
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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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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
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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
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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.
