Bombay High Court
Pravin Suresh Patil And Others vs The State Of Maharashtra And ... on 13 October, 2022
Bench: V. V. Kankanwadi, Y. G. Khobragade
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
926 WRIT PETITION NO.14255 OF 2019
1 Pravin Suresh Patil,
Age 36 yrs., Occ. Service,
R/o Taskheda, Tq. Amalner,
Dist. Jalgaon.
2 Balwant Laxman Borse,
Age 40 yrs., Occ. Service,
R/o Velode, Tq. Chopda, Dist. Jalgaon.
3 Prakash Dhanraj Sonawane,
Age 34 yrs., Occ. Service,
R/o Kavpimpri, Tq. Amalner, Dist. Jalgaon.
... Petitioners
... Versus ...
1 The State of Maharashtra,
Through its Secretary,
Higher and Technical Education Department,
Mantralaya, Mumbai.
2 The Director of Higher Education,
Maharashtra State, Pune.
3 The Joint Director of Higher Education,
Jalgaon Region, Jalgaon.
4 Kavayitri Bahinabai Chaudhari
North Maharashtra University, Jalgaon,
Through It's Registrar.
5 Jijau Bahuuddeshiya Society's
Kamalakka Patil Arts, Commerce
and Science College, Amalner,
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Through It's Principal.
... Respondents
...
Mr. S.R. Barlinge, Advocate for petitioners
Mr. A.R. Kale, AGP for respondent Nos.1 to 3
Mr. Y.B. Bolkar, Advocate for respondent No.4
...
CORAM : SMT. VIBHA KANKANWADI AND
Y.G. KHOBRAGADE, JJ.
DATE : 13th OCTOBER, 2022
JUDGMENT : [PER : SMT. VIBHA KANKANWADI, J.]
1 Rule. Rule made returnable forthwith. Heard learned Advocates
for the parties finally, by consent.
2 Present petitioners by invoking the constitutional powers of this
Court under Article 226 of the Constitution of India and in view of Section 79
(4) of the Maharashtra Universities Act, 1994 have prayed thus -
"By a writ of mandamus, or any other appropriate writ, or order
or directions in the like nature, the respondent Nos.2 and 3 may
kindly be directed to absorb the petitioners in some other
college/s in the State of Maharashtra as per the availability of
vacancies."
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3 The petitioners came to be appointed to the post of Lecturer in
view of the fact that they have acquired post graduation and M.Phil. The
M.Phil. qualification was acquired by them before the cut-off date i.e.
11.07.2009. The petitioner No.1 was selected for the post of Lecturer in
Economics and was appointed on probation of two years on 14.07.2009. His
appointment was approved by the university by order dated 21.06.2011 and
18.07.2016. The petitioner No.2 was appointed to the post of Lecturer in
Political Science and came to be appointed on 14.07.2009. His appointment
was approved by the university by same order. Same is the case with
petitioner No.3, who was appointed as a Lecturer in Marathi and his
appointment was approved by the university by order dated 24.02.2010 and
25.01.2011. It has been contended that the respondent No.5 college received
affiliation from the university till academic year 2017-2018. However, on
account of non availability of students, affiliation was not sought from the
academic year 2018-2019. As a result of which, the petitioners without any
employment from the academic year 2018-2019 found to be surplus and
were not absorbed to any other college as the list is not maintained by the
competent authority. In fact, the petitioners were not at fault, as the college
did not seek affiliation from academic year 2018-2019. Hence, this petition
to seek directions.
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4 Heard learned Advocate Mr. S.R. Barlinge for the petitioners,
learned AGP Mr. A.R. Kale for respondent Nos.1 to 3 and learned Advocate
Mr. Y.B. Bolkar for respondent No.4.
5 It is not in dispute that the petitioners were appointed and their
appointment was approved by the university for the initial appointment as
well as after the completion of the probation. In his reply on behalf of
respondent Nos.1 to 3 Dr. Satish M. Deshpande, working as Joint Director,
Higher Education, Jalgaon Region, Jalgaon has stated that this Court in Writ
Petition No.9055 of 2012 had directed the university to take decision in
respect of the status of the petitioners and their claim for absorption. As per
Section 105(9) of the Maharashtra Public Universities Act, 2016, the process
of absorption of surplus teachers and other employees shall be applicable to
only aided teachers and other employees. Therefore, the writ petition cannot
be allowed.
6 It has been rightly pointed out by the learned Advocate for the
petitioners that the Maharashtra Public Universities Act, 2016 and the
Government Gazette appended came into force on 11.01.2017 will be having
effect to those employers and other universities which would come into force
after the said Act came into force, it cannot be retrospective. Prior to that we
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will have to go by Section 79(4) of the Maharashtra Universities Act, 1994 as
well as the service conditions, those were made applicable to the post of the
petitioners. The petitioners have fulfilled the criteria and, therefore, the
university had granted approval. Now, respondent Nos.1 to 3 cannot give a
go-by to the rules those were then prevailing under the pretext of
introduction of Maharashtra Public Universities Act, 2016. The Maharashtra
Act of VI of 2017 to the Maharashtra Public Universities Act, 2016 appended
along with the affidavit-in-reply would show that it was brought into force to
provide for academic autonomy and excellence, adequate representation
through democratic process, transformation, strengthening and regulating
higher education and for matters connected therewith or incidental thereto.
Section 105(9) of Maharashtra Act No.VI of 2017 provides thus -
"The management of any affiliated college shall before proceeding to
fill in vacancies of aided teachers and other aided employees in
accordance with the prescribed procedure shall ascertain from the
Director of Higher Education whether there is any suitable person
available on the list of aided surplus persons maintained by the
Director of Higher Education for absorption in other colleges and in
the event of such person being available, the management shall
appoint that person in accordance with the direction issued by
Director of Higher Education :
Provided that, this process of absorption of surplus teachers
and other employees shall be applicable to only aided teachers and
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aided other employees."
This procedure, that has been contemplated, would definitely
come into play after the Act came into force and it can be said that even if it
is made applicable; yet, the petitioners, who are the surplus, will have to be
accommodated in some of the colleges. The prayer of the petitioners is
limited to that extent only. Under such circumstance, there is no hurdle in
exercising the powers of this Court under Article 226 of the Constitution of
India for issuing necessary directions as the respondent Nos.2 and 3 have not
made any efforts to see whether the petitioners can be absorbed or not.
7 In view of the reasons stated above the respondent Nos.2 and 3
to take decision in respect of status of the petitioners and their claim for
absorption as per the availability of vacancies in any other college/s in the
State. The entire act be completed within a period of four months.
8 Rule made absolute in above terms. No order as to costs.
( Y.G. Khobragade, J. ) ( Smt. Vibha Kankanwadi, J. )
agd
