Bombay High Court
Mrs. Vandana Jayant Damle And Anr vs The State Of Maharashtra And Ors on 8 December, 2022
Bench: Nitin W. Sambre, Sharmila U. Deshmukh
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7111 OF 2017
Mrs. Vandana Jayant Damle & Anr. ...Petitioners
Vs.
The State of Maharashtra and Ors. ...Respondents
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Mr. Koban Sanjay Devidasrao with Saurabh Oka for the Petitioners.
Mr. Vikas M. Mali, Assistant Government Pleader for the Respondent
Nos.1 to 4-State.
Mr. Varun R. Joshi with Mr. Chetan Alai for Respondent Nos.8 and 9.
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CORAM : NITIN W. SAMBRE &
SHARMILA U. DESHMUKH, JJ.
DATED : 8 DECEMBER 2022.
P. C. :
The Petitioner No.1 is appointed on 2/9/1992 as
lecturer(Senior Scale) whereas Petitioner No.2 on 30/9/1992 as
lecturer (Selection Grade). The claim in the petition pertains to
extension of the benefit under 6th pay commission which is denied by
Respondent Nos. 8 and 9 on the pretext that the Petitioners have failed
Digitally signed
by
RAJESHWARI
to clear NET/SET examination. Reliance is placed by the Petitioners
RAJESHWARI SUBODH
SUBODH KARVE
on the communication dated 4/2/2011 issued by Respondent No.7
KARVE Date:
2022.12.09
17:06:00 +0530
University so as to claim that the condition of clearance of NET/SET is
rsk 2 4-WP-7111-17.doc
not mandatory for teachers like the Petitioners, who are employed in
engineering colleges and are teaching Maths, Physics and Chemistry.
Admittedly, the Petitioners are teaching Maths which is part of science
field i.e. Physics and Chemistry.
2. Learned counsel for the Petitioners so as to substantiate his
claim, has invited our attention to the GR dated 27/6/2013 so as to
claim that the Petitioners are exempted from clearing NET/SET
examination. While countering the said submission the learned
counsel for Respondent-Management would urge that GR dated
8/9/2010, particularly clause 5.3 makes it mandatory for the candidates
like the Petitioners to clear NET/SET examination, failing which the
services of the said candidates were directed to be terminated in view of
judgment of this Court in Writ Petition No.5022/2001 decided on
20/2/2022 and Writ Petition Nos.5375/2001, 5782/2001 and
4266/2006 decided on 27/11/2008. According to him, once the
Petitioners have not cleared NET/SET examination, the consequences
would be termination of their services.
3. As far as the aforesaid submissions are concerned, it may be
inferred from the communication dated 4/2/2011 issued by
Respondent No.7-University which is referred to herein above, that it
was not necessary for the Petitioners to clear NET/SET examination.
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They were exempted, being employed in the engineering college and
teaching subjects such as Maths, Physics and Chemistry.
4. At this stage, learned counsel for Respondent Nos. 8 and 9
seeks time to prepare and address on the aforesaid issue. As such by
way of last chance, adjourned to 13/12/2022.
(SHARMILA U. DESHMUKH, J.) ( NITIN W. SAMBRE, J.)
