Bombay High Court
Dr. Shri. P.V. Anthony ... vs The Gondwana University ... on 4 October, 2022
Bench: A.S. Chandurkar, Urmila Sachin Phalke
WP 2217-15 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2217/2015
Dr. P.V. Anthony,
Aged about 57 years, Occupation: Principal, Rashtra
Sant Tukdoji College, Chimur, District Chandrapur,
Resident of Elizabeth Villa, Saudagar Nagar,
Pimpalneri Road, Chimur, District Chandrapur. PETITIONER
-VERSUS-
1. The Gondwana University, Gadchiroli,
Through its Vice Chancellor.
2. The Gondwana University, Gadchiroli,
Through its Registrar.
3. Dr.S.N. Rokde, Director (Officiating),
College and University Development Board,
Gondwana University, Gadchiroli.
4. Kartik Patil, Officiating Principal,
C/o Rashtra Sant Tukdoji Mahavidyalaya, Chimur.
5. Gandhi Sewa Shikshan Samiti, Chimur,
Tahsil Chimur, District Chandrapur, Through
its Secretary Kishor S. Vaidya.
6. Rashtra Sant Tukdoji College, Chimur,
Tahsil Chimur, District Chandrapur.
Through its Principal. RESPONDENTS
__________________________________________________________________________
Shri S.P. Bhandarkar, counsel for the petitioner.
Shri S.A. Marathe, counsel for the respondent nos. 1 to 3.
CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.
DATE : OCTOBER 04, 2022.
ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)
The challenge raised in this writ petition is to the communications
dated 03.03.2015 and 24.03.2015 by which the respondent no.2-
Gondwana University has granted approval to the appointment of the
respondent no.4 as officiating Principal.
WP 2217-15 2 Judgment
2. The petitioner came to be appointed on the post of Principal on
08.10.2004. This was based on the recommendation of the Selection
Committee constituted by the Nagpur University. His appointment came
to be approved by the Nagpur University on 21.12.2004. On 05.04.2013
the respondent no.2 also approved the appointment of the petitioner as
Principal. In the seniority list published by the Management in the year
2014-15 the name of the petitioner is shown at Serial Number 1 while
that of the respondent no.4 is shown at Serial Number 2. It appears that
on account of disputes in the Management it was projected that the
services of the petitioner had been placed under suspension. As a result
the salary of the staff could not be released. This resulted in filing Writ
Petition No.1579 of 2014 in this Court wherein a direction was issued to
accept the pay-bills duly signed by the senior-most Lecturer in the college.
It appears that by misconstruing the aforesaid direction as one to grant
approval to the senior-most Lecturer besides the petitioner, on 03.03.2015
and 24.03.2015 the respondent no.2 granted approval to the appointment
of the respondent no.4. Hence, this writ petition.
3. While issuing notice in the writ petition this Court granted interim
relief by staying the aforesaid communications dated 03.03.2015 and
24.03.2015. The respondent no.4 has not appeared in the writ petition
despite notice being served. The respondent no.4 on 19.09.2014 issued a
communication to the Principal stating therein that he was not interesting
WP 2217-15 3 Judgment
in functioning as the In-charge Principal and that it was the petitioner
who was functioning as Principal. With passage of time the petitioner has
now superannuated.
4. In these facts we find that there was no dispute whatsoever as
regards the seniority of the petitioner as well as his appointment and
subsequent approval on the post of Principal. It is only on account of
incorrectly interpreting the judgment of this Court in Writ Petition No.
1579 of 2014 that the impugned communications dated 03.03.2015 and
24.03.2015 came to be issued. These communications were never acted
upon in view of the interim relief granted. Since the petitioner has now
retired from service, by making the interim relief absolute, the writ
petition is disposed of. Rule accordingly. No costs.
(URMILA JOSHI-PHALKE, J.) (A.S. CHANDURKAR, J.)
APTE
Signed By: Digitally signed
byROHIT DATTATRAYA
APTE
Signing Date:04.10.2022 18:12
