Kelkar Sunil Yashwant vs The State Of Maharashtra Thr. ...
2022 Latest Caselaw 1773 Bom

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            JOHNSON GONSALVES
JOHNSON     Date: 2022.02.24 10:23:42
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                          sg                                                      27.wp1797-22.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CIVIL APPELLATE JURISDICTION

                                           WRIT PETITION NO.1797 OF 2022

                     Dr. Kelkar Sunil Yashwant                             ..   Petitioner
                          v/s.
                     The State of Maharashtra & Ors.                       ..   Respondents
                                                      ....

Ms. Prachiti Deshpande, for the Petitioner.

Mr. N.C. Walimbe, AGP, for State/Respondent Nos.1 to 3.

....

CORAM: SUNIL B. SHUKRE & AMIT BORKAR JJ.

DATE : 22 FEBRUARY 2022

P.C:-

Issue notice of final disposal to the Respondents. Learned AGP waives services for Respondent Nos 1 to 3.

2. Meanwhile, we direct Respondent No.3 to reconsider his decision, which is impugned in this case. By this decision, Respondent No.3 has held that as the Petitioner had not cleared NET or SET, the Petitioner is not eligible to receive the pension. In fact, it is now well settled law that the lecturers, who have obtained M. Phil. Degree on or before 11 July 2009, and who have been registered for Ph.D. on or before 31 December 2009, are exempted from the requirement of 1 of 2 sg 27.wp1797-22.doc

NET or SET. The contention of the Petitioner is that the Petitioner fulfills both of these criteria, as laid down in the judgment dated 13 June 2014 rendered in Writ Petition No.1525 of 2014, Vivek Tulshiram Maske vs. Gondwana University and Another.

3. Prima facie, we are of the opinion that the case of the Petitioner is covered by the view taken by this Court in the said case of Vivek and, therefore, it would be appropriate for Respondent No.3 to reconsider his decision dated 31 December 2021 if that is the position on the basis of record available with it and inform this Court accordingly.

4. Stand over to 8 March 2022.

(AMIT BORKAR J.) (SUNIL B. SHUKRE, J.)

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