Bombay High Court
Dhiraj Arunrao Pathak And Others vs The State Of Maharashtra, Thr. ... on 25 August, 2025
Author: M.S. Jawalkar
Bench: M.S. Jawalkar
2025:BHC-NAG:8410-DB
1 J.wp.313.2022 and 616.2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NOS.313 AND 616 OF 2022
WRIT PETITION NO. 313 OF 2022
1. Shri Prashant R. Vaidya, aged about 50 years,
Occ. Service, r/o plot no. 40, Nandanvan Main
Road Behind Datta Mandir Mire Layout,
Nagpur - 440 009
2. Shri Sunil Krushnarao Ingle, aged about 57
years, Occ. Service, r/o Dasara Road,
Rahatekar Wadi, Mahal, Nagpur 440 032
3. Shri Anil Anandrao Khangar, aged about 57
years, Occ. Service, r/o Plot No. 46, Nilkamal
Housing Society, Besa PO. Pipla, Nagpur - 440
034.
4. Shri Mohd. Arif s/o Mohd. Abdul Khatique,
aged about 55 years, occ. Service, r/o near
Nishant General Store, House No.1337, M.A.K.
Azad Bunkar Colony, Ashok Nagar, Nagpur
440 017
5. Shri Shakil Ahmad Shamshul Haque, Aged
about 55 years, Occ. Service, r/o Plot No. 410,
M.A.K. Azad Bunkar Colony, Ashok Nagar,
Nagpur - 440 017
6. Shri Mohan Keshav Bobade, aged about 56
years, Occ. Service, r/o Near Gajanan Maharaj
Mandir Gate, Zenda Chowk, Naik Road,
Mahal, Nagpur 440 032
7. Shri Sunil Manikrao Ingole, aged about 54
years, Occ. Service, r/o Near Pandurang
2 J.wp.313.2022 and 616.2022.odt
Mangal Karyalaya, 21, Gire Layout, Godhani
Road, Zingabai Takli, Nagpur 440 030
8. Shri Ramesh Ramaji Belsare, aged about 51
years, Occ. Service, r/o Bhagyalaxmi Hall, 43,
Ganpati Janki Nagar, Uday Nagar Chowk, VTC
Besa, PO. Pipla, Nagpur - 440 034
9. Shri Satish Haribhau Pusatkar, aged about 56
years, Occ. Service, r/o Plot No. 85, Lata
Mangeshkar Nagar, Kharbi Road, Nagpur -
440 009
10. Shri Kailash Laxmanrao Chikate, aged about
51 years, Occ. Service, r/o 73 Anand Housing
Society, Near Dadasaheb Balpande Pharmacy
College, Swami Samarth Mandir, Besa Nagpur
- 440 001
11. Shri Ravindra Kawdu Chimote, aged about 55
years, Occ. Service, r/o Near Shitla Mata
Mandir Sadar Gond Pura, Katol Road, Nagpur
- 440 013
... PETITIONERS
VERSUS
1. The State of Maharashtra, through
Secretary Higher and Technical Education,
Mantralaya, Madam Cama Road, Shahid
Rajguru Chowk, Mumbai - 400 032.
2. The Director Higher Education
Government of Maharashtra, Pune.
3. The Joint Director Higher Education,
Nagpur Division, Civil Lines, Nagpur.
4. The Rashtra Sant Tukdoji Maharaj Nagpur
University, through its Registrar, Jamnalal
Bajaj Administrative Campus, Ambazari
3 J.wp.313.2022 and 616.2022.odt
Road, Nagpur.
5. Shri Sanjay Gulabrao Meshram, aged
about Major, Occ. Service, Department
of Backward Cell Rashtra Sant Tukdoji
Maharaj Nagpur University, Maharaj Bagh
Road, Nagpur.
6. Shri Jayanta Sukdevrao Ganvir, aged about
Major, Occ. Service, Department of
Geology, Rashtra Sant Tukdoji Maharaj
Nagpur University, Law College Square,
Nagpur.
7. Shri Sanjay Chandra Bhushanji Bajpayee,
aged about Major, Occ. Service, College
Development Section Rashtra Sant Tukdoji
Maharaj Nagpur University, Maharaj Bagh
Nagpur.
8. Shri Rajendra Nilkantrao Dharmali, aged
about Major, Occ. Service, Academic
Section Rashtra Sant Tukdoji Maharaj
Nagpur University, Jamnalal Bajaj
Administrative Building, Ambazari Road,
Nagpur.
9. Smt. Madhuri Pramod Kshirsagar, aged
about Major, Occ. Service, General
Examination Section, Rashtra Sant Tukdoji
Maharaj Nagpur University, Parikash
Bhawan, LIT Hills, Amravati Road, Nagpur.
10. Shri Manish Gajanan Fulzale, aged about
Major, occ. Service, Laxmi Narayan
Institute of Technology, Rashtra Sant
Tukdoji Maharaj Nagpur University,
Amravati Road, Nagpur.
4 J.wp.313.2022 and 616.2022.odt
11. Shri Lalit Dajiba Meshram, aged about
Major, Occ. Service, General Examination
Section Rashtra Sant Tukdoji Maharaj
Nagpur University, Parikash Bhawan, LIT
Hills, Amravati Road, Nagpur.
12. Shri Harishankar Narayan Kishore Pandey,
aged about Major, Occ. Service, Accounts
Section, Rashtra Sant Tukdoji Maharaj
Nagpur University, Campus, Amravati
Road, Nagpur.
13. Shri Rajesh Kisan Nanwatkar, aged about
Major, Occ. Service, Professional Exam
Section Rashtra Sant Tukdoji Maharaj
Nagpur University, Parikash Bhawan, LIT
Hills, Amravati Road, Nagpur.
14. Smt. Chandrajyoti Prakash Khamat, aged
about Major, Occ. Service, General
Examination Section Rashtra Sant Tukdoji
Maharaj Nagpur University, Parikash
Bhawan, LIT Hills, Amravati Road, Nagpur.
15. Shri Sheikh Shakil Sheikh Illahi Aged
about Major, Occ. Service, Department of
Sanskrit, Rashtra Sant Tukdoji Maharaj
Nagpur University, Gandhi Nagar, Nagpur.
16. Smt. Pramila Badal Bombarde, aged about
Major, Occ. Service, Department of
Electronics and Computer Science Rashtra
Sant Tukdoji Maharaj Nagpur University
Campus, Amravati Road, Nagpur.
17. Shri Ashok Rambhau Patil, aged about
Major, Occ. Service, Dr. Babasaheb
Ambedkar College of Law, Rashtra Sant
Tukdoji Maharaj Nagpur University,
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Dighori, Nagpur.
18. Shri Gajanan Vithhal Mohite, aged about
Major, occ. Service, General Examination
Section, Rashtra Sant Tukdoji Maharaj
Nagpur University, Parikash Bhawan, LIT
Hills, Amravati Road, Nagpur.
19. Shri Vijay Harindranath Thakur, aged
about Major, Occ. Service, Accounts
Sections, Rashtra Sant Tukdoji Maharaj
Nagpur University, Nagpur.
20. Shri Kautikrao Namdev Maghade, aged
about Major, Occ. Service, Department of
Fine Arts, Rashtra Sant Tukdoji Maharaj
Nagpur University, Guru Nanak Bhavan,
Ambazari Road, Nagpur.
21. Shri Shivaji Pundlikrao Wakode, aged
about Major, occ. Service, Accounts
Section, Rashtra Sant Tukdoji Maharaj
Nagpur University Campus, Nagpur.
22. Shri Kamalkar Pandurangi Khondekar,
aged about Major, Occ. Service,
Establishment Section, Rashtra Sant
Tukdoji Maharaj Nagpur University,
Jamnalal Bajaj Administrative Building,
Ambazari Road, Nagpur.
23. Shri Gyaneshwar Kisanrao Wanarkar, Aged
about Major, Occ. Service, Confidential
Section, Rashtra Sant Tukdoji Maharaj
Nagpur University, Parikash Bhawan, LIT
Hills, Amravati Road, Nagpur.
24. Shri Rajesh Shrawan Bhaisare, aged about
major, Occ. Service, Salary Section,
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Rashtra Sant Tukdoji Maharaj Nagpur
University Campus, Nagpur.
25. Shri Prabhakar Shrawanji Thakare, aged
about major, Occ. Service, Accounts
Section, Rashtra Sant Tukdoji Maharaj
Nagpur University Campus, Nagpur.
26. Shri Narendra Vishwas Sahare aged about
Major, Occ. Service, Examination Section,
Rashtra Sant Tukdoji Maharaj Nagpur
University, Parikash Bhawan, LIT Hills,
Amravati Road, Nagpur.
27. Shri Sanjay Anandrao Maraskhole, aged
about Major, Occ. Service, Rajiv Gandhi
Bio-Technology Centre, Rashtra Sant
Tukdoji Maharaj Nagpur University, LIT
Hills, Amravati Road, Nagpur.
28. Gajanan Vishnupant Kawale, College
Development Section, Rashtrasant Tukdoji
Maharaj Nagpur University, Jamanalal
Bajaj Administrative Building, Ambazari
Road, Nagpur.
29. Maroti Krushanji Borkar, aged about 58
years, Establishment Section, Rashtra sant
Tukadoji Maharaj Nagpur University
Jamanalal Bajaj Administrative Building,
Ambazari Road, Nagpur.
30. Rajendra Pandurang Pathak, Revaluation
Section, Examination Building, LIT
Campus, Bharat Nagar, Amravati Road,
Nagpur.
31. Mangesh Gajanan Irpate, Development
Section Rashtrasant Tukadoji Maharaj
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Nagpur University, Mahatma Phule
Campus, Amravati Road, Nagpur.
(Amendment as per the Court order dated
06.10.2023.)
... RESPONDENTS
WITH
WRIT PETITION NO. 616 OF 2022
1. Dhiraj Arunrao Pathak, aged about 33 years,
Occ. Service, c/o Omprakash Bhagavatkar,
Gangabai Ghat Road, Near Pathanshah
Dargha, Bhuteshwar Nagar, Nagpur.
2. Prakash Umrao Shende, aged about years,
Occ. Service, plot No. 50, Adivasi Gruh
Nirman Society, Ashtavinayak Nagar, Jaitala
road, Nagpur.
3. Govind Purushottam Akotkar, aged about 52
years, Occ. Service, 24, Shri Ram Krupa,
Pannase Layout, Bhamti, Cement Road,
Nagpur - 440 022
4. Smt. Indira Laxman Aglave, aged about 50
years, Occ. Service, Plot No. 5, Mahatma
Gandhi Nagar, Narsala, Nagpur - 440 034
5. Ravi Manikrao Rohane, Aged about 46 years,
Occ. Service, Plot No. 119, Flat No. 302,
Dattatray Nagar, Near NIT Garden Nagpur.
... PETITIONERS
VERSUS
1. The State of Maharashtra, through
Secretary Higher and Technical Education,
Mantralaya, Madam Cama Road, Shahid
8 J.wp.313.2022 and 616.2022.odt
Rajguru Chowk, Mumbai - 400 032,
2. The Director, Higher Education State of
Maharashtra, Pune,
3. The Joint Director, Higher Education,
Nagpur Division, Civil Lines, Nagpur
4. The Rashtra Sant Tukdoji Maharaj, Nagpur
University, Through its Registrar,
Jamunalal Bajaj Administrative Campus,
Ambazari Road, Nagpur.
5. Smt. Manisha ShivOm Bajpai, aged about
major, Occ. Service, Establishment Section,
Jamanalal Bajaj Administrative building,
Ambazari Road, Rashtra Sant Tukdoji
Maharaj Nagpur University, Nagpur.
6. Ramdas Vishwanath Jawanjal, aged about
major, Occ. Service, Establishment Section,
Jamanalal Bajaj Administrative building,
Ambazari Road, Rashtra Sant Tukdoji
Maharaj Nagpur University, Nagpur.
7. Shoeb Shammi Ullah Khan, aged about
major, Occu. Service, Grievance Cell,
Jamanalal Bajaj Administrative building,
Ambazari Road, Rashtra Sant Tukdoji
Maharaj Nagpur University, Nagpur.
8. Chandrashekhar Digambarrao Shelke,
Aged about major, Occ. Service,
Development Section Rashtra Sant Tukdoji
Maharaj Nagpur University Campus,
Amravati Road, Nagpur.
9. Smt. Jyoti Prakash Shivankar, aged about
major, Occ. Service, Audit section, Rashtra
Sant Tukdoji Maharaj Nagpur University
9 J.wp.313.2022 and 616.2022.odt
Campus, Amravati Road, Nagpur.
10. Suresh Bhikanji Masurkar, aged about
major, Occ. Service, Estate Section, Law
College Campus, Rashtra Sant Tukdoji
Maharaj Nagpur University, Ravinagar,
Nagpur.
11. Chandramani Prasad Parmeshwar Prasad
Mishra, Aged about major, Occ. Service,
Account Section, Rashtra Sant Tukdoji
Maharaj Nagpur University Campus,
Amravati Road, Nagpur.
12. Smt. Mangala Mohan Bhurle, aged about
major, Occ. Service, Establishment Section,
Jamanalal Bajaj Administrative building,
Ambazari Road, Rashtra Sant Tukdoji
Maharaj Nagpur University, Nagpur.
13. Jogendra Prakashrao Hardas, aged about
major, Occ. Service, Development Section,
Rashtra Sant Tukdoji Maharaj Nagpur
University Campus, Amravati Road,
Nagpur.
14. Sanjay Jayramji Shende, Aged about major,
Occ. Service, Dept of Buddhist Study,
Rashtra Sant Tukdoji Maharaj Nagpur
University, Ramdaspeth, Nagpur.
15. Shailesh Bhojrajsingh Rathod, aged about
major, Occ. Service, General
Administration Section, Jamanalal Bajaj
Administrative building, Ambazari Road,
Rashtra Sant Tukdoji Maharaj Nagpur
University, Nagpur.
16. Dinesh Ramaji Dakhane, aged about major,
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Occ. Service, Audit Section, Rashtra Sant
Tukdoji Maharaj Nagpur University
Campus, Amravati Road, Nagpur.
17. Smt. Manda Anil Gaikwad, Aged about
major, Occ. Service, Special Backward class
Section, Jamanalal Bajaj Administrative
building, Ambazari Road, Rashtra Sant
Tukdoji Maharaj Nagpur University,
Nagpur.
18. Smt. Priya Dinesh Tembhurne, Aged about
major, Occ. Service, Dept of Ambedkar
Thought, Rashtra Sant Tukdoji Maharaj
Nagpur University, Ramdaspeth, Nagpur.
19. Nitin Govindrao Palkar, Aged about major,
Occ. Service, Account Section, Rashtra
Sant Tukdoji Maharaj Nagpur University
Campus, Amravati Road, Nagpur.
20. Sarika Vinod Gaikwad, Aged about major,
Occ. Service, Account Section, Rashtra
Sant Tukdoji Maharaj Nagpur University
Campus, Amravati Road, Nagpur.
21. Anand Laxmanrao Gatlewar, Aged about
major, Occ. Service, Audit Section, Rashtra
Sant Tukdoji Maharaj Nagpur University
Campus, Amravati Road, Nagpur.
22. Kirti Rupesh Bhade, Aged about major,
Occ. Service, General exam, Pariksha
Bhawan, LIT Campus, Rashtra Sant Tukdoji
Maharaj Nagpur University, Amravati
Road, Nagpur.
23. Mangesh Namdeorao Utane, Aged about
major, Occ. Service, Finance & Account
11 J.wp.313.2022 and 616.2022.odt
section, Rashtra Sant Tukdoji Maharaj
Nagpur University Campus, Amravati
Road, Nagpur.
24. Sachin Chakradhar Jambutkar, Aged about
major, Occ. Service, Professional Exam,
Pariksha Bhavan, LIT Campus, Rashtra
Sant Tukdoji Maharaj Nagpur University,
Amravati Road, Nagpur.
25. Ashish Anandrao Bankar, Aged about
major, Occ. Service, Dept of Microbiology,
LIT, Rashtra Sant Tukdoji Maharaj Nagpur
University, Amravati Road, Nagpur.
26. Jayant Bhayyaji Nianve, Aged about major,
Occ. Service, College section, Rashtra Sant
Tukdoji Maharaj Nagpur University,
Maharajbag Road, Nagpur
27. Prasad Achyut Amte, Aged about major,
Occ. Service, Result section, Pariksha
Bhavan, LIT Campus, Rashtra Sant Tukdoji
Maharaj Nagpur University, Amravati
Road, Nagpur
28.Smt. Manisha Pradipkumar
Nagpurkar, Aged about major, Occ. Service,
Establishment Section, Jamanalal Bajaj
Administrative Building, Ambazari Road,
Rashtra Sant Tukdoji Maharaj Nagpur
University, Nagpur
29. Smt. Swati Sushi Bhake, Aged about major,
Occ. Service, Dept of Humanties, Rashtra
Sant Tukdoji Maharaj Nagpur University
Campus, Amravati Road, Nagpur
30. Smt. Mangla Vinod Bankar, Aged about
12 J.wp.313.2022 and 616.2022.odt
major, Occ. Service, General Exam,
Pariksha Bhavan, LIT Campus, Rashtra
Sant Tukdoji Maharaj Nagpur University
Campus, Amravati Road, Nagpur
31. Kailash Khetram Bagmare, Aged about
major, Occ. Service, Account Section,
Rashtra Sant Tukdoji Maharaj Nagpur
University Campus, Amravati Road,
Nagpur
32. Suresh Ganpatrao Masram, Aged about
major, Occ. Service, Dept Business
Administration, Law College Campus,
Rashtra Sant Tukdoji Maharaj Nagpur
University Campus, Ravi Nagar, Nagpur
33. Dharmendra Narayan Sayare, Aged about
major, Occ. Service, Account Section,
Rashtra Sant Tukdoji Maharaj Nagpur
University Campus, Amravati Road,
Nagpur
34. Smt. Smita Anil Bhoyar, Aged about major,
Occ. Service, College section, Rashtra Sant
Tukdoji Maharaj Nagpur University
Maharaj Bagh Road, Nagpur
35. Smt. Ashwini Avinash Kale, Aged about
major, Occ. Service, College section,
Rashtra Sant Tukdoji Maharaj Nagpur
University Campus, Maharaj Bagh road,
Nagpur
36. Bhika Digambar Jadhao, Aged about major,
Occ. Service, Confidential Section, Pariksha
Bhavan, LIT Campus, Rashtra Sant Tukdoji
Maharaj Nagpur University, Amravati road,
Nagpur
13 J.wp.313.2022 and 616.2022.odt
37. Smt. Gayatri Navinkumar Rathod, Aged
about major, Occ. Service, College Section,
Rashtra Sant Tukdoji Maharaj Nagpur
University, Maharaj Bagh Road, Nagpur
38. Nitin Vasantrao Satghare, Aged About
major, Occ. Service, Grievance & legal
Section, Jamanalal Bajaj Administrative
building, Ambazari Road, Rashtra Sant
Tukdoji Maharaj Nagpur University, Nagpur
39. Smt. Savita Sanjay Dahare, Aged about
major, Осс. Service, Prakashan Vibhag,
Rashtra Sant Tukdoji Maharaj Nagpur
University campus, Amravati Road, Nagpur
40. Smt. Archana Pradip Rathod, Aged about
major, Occ. Service, Dept of Adult
Education, Near Gurunanak Bhavan,
Ambazari road, Rashtra Sant Tukdoji
Maharaj, Nagpur University, Nagpur.
41. Satish Bhaurao Patil, Aged about major,
Occ. Service, Engineering section, Rashtra
Sant Tukdoji Maharaj Nagpur University
Campus, Amravati Road, Nagpur
42. Salim Shaha Shabbir Shaha, Aged about
major, Occ. Service, Development section,
Rashtra Sant Tukdoji Maharaj Nagpur
University Campus, Amravati Road,
Nagpur
43. Rajendra Bhayyaji Landge, Aged about
major, Occ. Service, Ph.D Section, Pariksha
Bhavan, LIT Campus, Rashtra Sant Tukdoji
Maharaj Nagpur University, Amravati
Road, Nagpur
14 J.wp.313.2022 and 616.2022.odt
44. Ramesh Baliramji Sheware, Aged about
major, Occ. Service, Dept of Pharmacy,
Rashtra Sant Tukdoji Maharaj Nagpur
University Campus, Amravati Road,
Nagpur
45. Gajanan Omkarrao Bante, Aged about
major, Occ. Service, Ph.D. Section, Pariksha
Bhavan, LIT Campus, Rashtra Sant Tukdoji
Maharaj Nagpur University Campus,
Amravati Road, Nagpur
46. Ajay Shrikantha Bisen, Aged about major,
Occ. Service, Exam & Evaluation Section,
Pariksha Bhavan, LIT Campus, Rashtra
Sant Tukdoji Maharaj Nagpur University,
Amravati road, Nagpur
47. Smt. Manish Pramod Pillare, Aged about
major, Occ. Service, Dept Ancient Indian
History, Rashtra Sant Tukdoji Maharaj
Nagpur University Campus, Amravati
Road, Nagpur
48. Swapnil Deepakrao Modak, Aged About
major, Occ. Service, General
Administration, Jamanalal Bajaj
Administrative building, Ambazari Road,
Rashtra Sant Tukdoji Maharaj Nagpur
University, Nagpur
49. Girish Sureshrao Badnakhe, Aged About
major, Occ. Service, Registrar office,
Jamanalal Bajaj Administrative building,
Ambazari Tukdoji Road, Rashtra Sant
Maharaj, Nagpur University, Nagpur
50. Ashok Wasudeorao Dalvi, Aged about
major, Occ. Service, General Exam &
15 J.wp.313.2022 and 616.2022.odt
Enquiry, Pariksha Bhavan, LIT Campus,
Rashtra Sant Tukdoji Maharaj Nagpur
Amravati Road, Nagpur
51. Mangesh Ramdas Chaware Aged about
major, Occ. Service, Office of the Director,
Laxmi Narayan Institute of Technology, LIT
Rashtra Sant Tukdoji Maharaj Nagpur
University, Amravati Rod Nagpur
52. Shyamkumar Diwakar Kale, Aged about
major, Occ. Service, General Exam &
Enquiry, Pariksha Bhavan LIT Campus,
Rashtra Sant Tukdoji Maharaj Nagpur
University, Amravati Road, Nagpur
53. Sandeep Bhimbahadur Thapa, Aged About
major, Occ. Service, Establishment Section,
Jamanalal Bajaj Administrative building,
Ambazari Road, Rashtra Sant Tukdoji
Maharaj Nagpur University, Nagpur
54. Smt. Hemlata Nishid Ambade, Aged about
major, Occ. Service, Dept of Humanities,
Rashtra Sant Tukdoji Maharaj Nagpur
University Campus, Amravati Road,
Nagpur
55. Smt. Vibhavari Madhukar Bandabuche,
Aged about major, Occ. Service, Audit
Section, Rashtra Sant Tukdoji Maharaj
Nagpur University Campus, Amravati
Road, Nagpur
56. Arun Shankarrao Hattewar, Aged about
major, Осс. Service, Confidential Section,
Pariksha Bhavan, LIT Campus, Rashtra
Sant Tukdoji Maharaj Nagpur University,
Amravati Road, Nagpur
16 J.wp.313.2022 and 616.2022.odt
57. Pravin Pralhadrao Mangrulkar, Aged about
major, Occ. Service, Establishment Section,
Jamanalal Bajaj Administrative building,
Ambazari Road, Rashtra Sant Tukdoji
Maharaj Nagpur University, Nagpur
58. Smt. Neeta Dinesh Dakhane, Aged about
major, Occ. Service, Salary & PF Section,
Rashtra Sant Tukdoji Maharaj Nagpur
University Campus, Amravati road, Nagpur
59. Vijay Lahuji Chowdhary, Aged about major,
Occ. Service, Law College, Rashtra Sant
Tukdoji Maharaj Nagpur University, Ravi
Nagar Nagpur
60. Smt. Megha Vinay Salodkar, Aged About
major, Occ. Service, Establishment Section,
Jamanalal Bajaj Administrative building,
Ambazari Road, Rashtra Sant Tukdoji
Maharaj Nagpur University, Nagpur
61. Smt. Shubhangi Wasudeo Gawande, Aged
about major, Occ. Service, Accounts
section, Rashtra Sant Tukdoji Maharaj
Nagpur University Campus, Amravati
Road, Nagpur
62. Smt. Aparna Shirish Aserkar, Aged About
major, Occ. Service, Academic Section,
Jamanalal Bajaj Administrative building,
Ambazari Road, Rashtra Sant Tukdoji
Maharaj University, Nagpur
63. Sachin Bhimrao Ramteke, Aged about
major, Occ. Service, Dept of Post Graduate
law, Law College Rashtra Sant Tukdoji
Maharaj, Nagpur University, Ravi Nagar,
Nagpur
17 J.wp.313.2022 and 616.2022.odt
64. Smt. Anita Dilip Chowdhary, Aged about
major, Occ. Service, General Exam Section,
Pariksha Bhavan, LIT Campus, Rashtra
Sant Tukdoji Maharaj Nagpur University,
Amravati Road,Nagpur
65. Mahesh Shivram Sahu, Aged about major,
Occ. Service, Professional Exam, Pariksha
Bhavan, LIT Campus, Rashtra Sant Tukdoji
Maharaj Nagpur University, Amravati
Road, Nagpur
66. Smt. Vidya Vijay Jadhao, Aged About
major, Occ., Service, Academic Section,
Jamanalal Bajaj Administrative Building,
Ambazari Road Sant Tukdoji Maharaj
Nagpur University, Nagpur.
67. Smt. Rupali Rajendra Sabalkar, Aged about
major, Occ. Service, Dept of Travel &
Tourism, Rashtra Sant Tukdoji Maharaj
Nagpur University Campus, Amravati
Road, Nagpur
68. Akash Diwakar Bhagat, Aged about major,
Occ. Service, Office of the Director, Laxmi
Narayan Institute of Technology, LIT,
Rashtra Sant Tukdoji Maharaj Nagpur
University, Amravati University, Nagpur
69. Suraj Siddhartha Suryawanshi, Aged about
major, Occ. Service, University Health
Centre, Law College Campus, Rashtra Sant
Tukdoji Maharaj Nagpur University, Law
College Square,Nagpur
70. Smt. Sandhya Mahesh Samudre, Aged
about major, Occ. Service,Grievance Cell,
Law College Campus, Rashtra Sant Tukdoji
18 J.wp.313.2022 and 616.2022.odt
Maharaj Nagpur University, Ravi Nagar
Nagpur.
71. Akshay Diwakar Raut, Aged about major,
Occ. Service, Establishment Section,
Jamanalal Bajaj Administrative building,
Ambazari Road, Rashtra Sant Tukdoji
Maharaj Nagpur University, Nagpur
_____________________________________________________________
Shri R.L. Khapre, Senior Advocate with Shri Anand Kinkar, Advocate
for the petitioners. (WP No. 313/2022.)
Mrs. Renuka Puranik/Nalamwar, Advocate for the petitioners.(WP
No.616/2022)
Shri A.S. Fulzele, Addl.G.P. for the respondent nos. 1 to 3.
Shri N.S. Khubalkar, Advocate for respondent no. 4.
Shri Rupesh Vaishnav, Advocate h/f Shri Anand Parchure, Advocate
for respondent no. 17.
Shri A.B. Patil, Advocate for respondent nos.6, 12, 15, 18 to 23, 25
to 27.
Shri Sheikh Ayyub, Advocate for respondent nos. 28 and 29.
______________________________________________________________
CORAM : SMT. M.S. JAWALKAR AND PRAVIN S. PATIL, JJ.
CLOSED ON : 06.08.2025.
PRONOUNCED ON : 25.08.2025.
ORAL JUDGMENT : (Per : Pravin S. Patil, J.)
Heard. RULE. Rule is made returnable forthwith.
2. Since the issue involved in both the petitions is identical,
they are taken together for final disposal by consent of both the parties.
19 J.wp.313.2022 and 616.2022.odt
3. In the present petitions, the grievance raised by the
petitioners is that they are working as non-teaching staff in respondent
no.4 University and their services are governed by the Maharashtra
Non-Agricultural Universities and Affiliated Colleges Standard Code
(Terms and Conditions of Service of Non-Teaching Employees) Rules,
1984 (for the sake of convenience, hereinafter referred to as 'the
Standard Code'). However, the State Government by the Government
Resolution ('GR') dated 20.05.2010 without following the mandate of
Section 8(3) and (4) of the Maharashtra Universities Act, 1994
declared that the Standard Code has been repealed. As a consequence
of the same, Government Notification dated 06.06.2017 made
applicable to their services. The Vice Chancellor under the pretext that
the Standard Code has been repealed, time and again by invoking
extra-ordinary powers available with him under Section 12(8) of the
Maharashtra Universities Act, 1994 as well as the Maharashtra Public
Universities Act, 2016 issued directions. As a consequence of the same,
their promotional channel has been closed. Hence, they approached
before this Court by way of present petitions.
4. In brief, the fact of the matter can be summarized as
under : The petitioners are the non-teaching employees of respondent
no. 4 University. It is the submission of the petitioners that at the time
20 J.wp.313.2022 and 616.2022.odt
of their appointment in the respondent no. 4 University, their services
were governed by the Standard Code. According to the said Standard
Code, under Rule 3 i.e. classification, appointment and recruitment, the
channel of promotion is provided. According to the said channel,
promotion to the senior posts is available on the basis of seniority-cum-
merit from amongst the persons, who are working in the Universities
and possess minimum qualification prescribed for the lower posts and
having experience of three year in the lower posts.
5. It is stated by the petitioners that considering the provisions
of the Standard Code, till the year 2010, regular promotion has been
granted by the respondent no.4 University on the basis of seniority-
cum-merit. As such, till the year 2010, there was no dispute amongst
the non-teaching employees in respect of promotion to the higher post.
According to them, for non-teaching employee maximum promotion
available to them up to the post of Superintendent.
6. It is further stated by the petitioners that the Senior Grade
Clerk is a feeder category to the Selection Grade Clerk. As per the data
available to them, it is stated that the Selection Grade Clerk cadre have
total strength of 32 sanctioned posts. At the time of filing the petition,
23 posts out of 32 posts were lying vacant. According to the petitioners,
21 J.wp.313.2022 and 616.2022.odt
all these posts of Senior Grade Clerk are required to be filled in by
100% promotion from Senior Grade Clerk.
7. The State government by GR dated 20.05.2010 repealed
the Standard Code by stating that till the framing of common Statutes
for the University across the State of Maharashtra, it has been decided
that provisions of the Maharashtra Civil Services Rules will be made
applicable. It is further stated in the GR that there may be certain
doubts while taking decision at government level, therefore, five
members Committee was constituted for a period of six months to
verify all the doubts.
8. The State Government by its further Resolution dated
08.04.2013, revised the Resolution of 20.05.2010 and clarified that the
time period of five members Committee constituted is extended up-to
30.06.2013. It is pertinent to note that by this Resolution, it is clarified
that as the Government did not frame the common Statutes, the
appointments made during the period of 20.05.2010 to 30.06.2013 are
to be treated as a regular appointments as per the provisions of the
Standard Code and further time was extended to make regular
appointment as per the Standard Code up to 30.06.2013.
9. In the said Resolution, it is specifically stated that the State
22 J.wp.313.2022 and 616.2022.odt
Government by invoking the powers under Section 8(4) of the
Maharashtra Universities Act, 1994, took decision in the matter.
10. It is specifically stated that the State Government on
29.01.2014 issued the Government Supplementary letter stating that
the Standard Code is restored and same would be applicable only for
non-teaching staff of affiliated colleges. In the said letter, there is no
mention that it has been restored for non-teaching staff of Non-
agricultural University. As such, by taking benefit of this fact, the
respondent no. 4 University did not implement the Standard Code. As a
result, there was/is anomaly between the employees of affiliated
College and non-agricultural University.
11. In the meantime, the Maharashtra Universities Act, 1994
was repealed and the Maharashtra Public Universities Act, 2016 came
into an operation vide Maharashtra Act No. VI of 2017 with effect from
01.03.2017.
12. The General Administration Department of State
Government vide its Notification dated 06.06.2017 framed the Rules
i.e. clerk-typist, 'Group 'C'' in the Government office, outside greater
Mumbai (Recruitment) Rules, 2017 ('Rules 2017'). As per this Rules,
the criteria is laid down for the appointment to the post of Clerk/Typist
23 J.wp.313.2022 and 616.2022.odt
by way of nomination as well as by promotion. According to the said
Rules, Graduate Degree is prescribed as the minimum criteria for
appointment to the lower post of Clerk/Typist by way of nomination.
And those employees, who were possession Graduate Decree at feeder
post are held entitle for higher post. According to the petitioners, there
was no consideration of large numbers of employees on lower posts
with basis qualification of 10th standard. Resultantly, the petitioners are
deprived from their statutory right of promotion.
13. In view of coming into operation of the Maharashtra Public
Universities Act, 2016, respondent no. 4 University under the
presumption that the Standard Code has been repealed by the GR
dated 20.05.2010 and the common Statutes are not framed by the
State Government, initially issued direction no. 9 of 19 and thereby
prescribed the qualification for the post of lower grade clerk as
Graduate Degree at the time of the appointment. And relying on the
Rules 2017, closed the channel of promotion of the non-teaching staff
to the higher grade clerk, who were already appointed at the lower
posts in respondent no. 4 University on the basis of qualification of 10 th
standard or below Graduate Degree.
14. It is stated that the Vice Chancellor under Section 12(8) of
24 J.wp.313.2022 and 616.2022.odt
the Maharashtra Public Universities Act, 2016 is empowered to issue
'directions' where any matter is required to be regulated by the
Statutes, Ordinances or Regulations, but in case no Statutes,
Ordinances or Regulations are made in that behalf or where there is an
exigencies to amend the Statutes, Ordinances or Regulations. It is
further clear from the said provisions that after issuing such directions,
it shall be necessary for him to place the said directions before the
Management Council or other concerned Authority for
approval/consideration a draft of the Statutes, Ordinances or
Regulations. If, such direction is not converted into the Statutes,
Ordinances or Regulations within a period of six months from issuing of
such direction, then such directions shall automatically lapse.
15. The Vice Chancellor of respondent no. 4 University by
exercising the powers under Section 12(8), initially issued direction
no.9 of 19, but same was not converted into any Statutes, Ordinances
or Regulations within a period of six months. Thereafter, he continued
to issue one after another directions i.e. direction nos.51 of 19, 10 of
21, 30 of 21 and 23 of 22. As such, on the basis of these directions
issued by respondent no.4 University, the petitioners were deprived of
from promotion to the higher post i.e. selection grade clerk.
25 J.wp.313.2022 and 616.2022.odt
16. In the meantime, State Government had issued Guidelines
for considering the promotions to the government servants where the
promotional channel was not made available to them. As such, the
petitioners on the basis of this subsequent GR dated 01.08.2019, made
a representation to the respondent no.4 University through their Union.
The petitioners through their Union raised grievance that in view of
Guidelines framed by the State Government for considering the
promotion, issued directions from time to time by the Vice Chancellor
by invoking powers under Section 12(8) is contrary to the same, and
therefore, their grievance should be considered in the matter. However,
no response was given by the respondent no. 4 University to their
representation, hence the petitioners again on 21.12.2021 issued
reminder requesting to consider their grievance. The petitioners on
05.01.2022 made specific representation to the Joint Director of Higher
Education, Pune raising a grievance to consider the stagnation in their
services as no promotional channel is available to them.
17. In response to the continuous persuasion, respondent no.4
University by his communication dated 14.01.2021 called the President
of Rashtrasant Tukdoji Maharaj Nagpur University Bahujan Karmachari
Sanghatana, Nagpur to discuss the issue. Though discussion were held,
no fruitful result was came out.
26 J.wp.313.2022 and 616.2022.odt
18. Thereafter, respondent no.4 University issued promotion
orders on the basis of direction no.30 of 2021 issued by respondent no.
4 University to the persons who are junior to the petitioners. Not only
this, respondent no. 4 University further issued directions no.23 of
2022 and kept continue the same position by promoting the juniors on
the higher post.
19. In the above-mentioned background, the petitioners are
claiming promotion as their claim has been superseded by promoting
juniors by respondent no.4 University. This Court considering the
grievance of the petitioners while issuing the notice to the respondents
on 20.01.2022, by interim order directed the respondents that the
impugned promotional order be kept in abeyance, if the same has not
been given effect till date. The said interim order passed by this Court
is continued in the matter.
20. In response, respondent nos.1 to 3 filed their affidavit-in-
reply stating that in view of GR dated 20.05.2010, the provisions of the
Standard Code has been repealed till the framing of common Statutes
for the Universities across the State of Maharashtra. In respect of
Government Supplementary letter dated 29.01.2014, it is stated that
the Standard Code is applicable to the employees of the affiliated
27 J.wp.313.2022 and 616.2022.odt
Colleges and not to the employees of respondent no. 4 University. In
the meantime for promotion of the employees of the University, the
provisions of the Maharashtra Civil Services Rules are applicable.
21. By an additional reply it is also stated by the respondent
nos. 1 to 3 that the Standard Code became very old, same requires
modification. According to them, different Universities have prepared
separate Statutes for their employees. In order to bring uniformity in
terms and conditions of the employees, decision has been taken to
prepare common Statutes for all the Universities. However, it is not
made clear that what steps the Government has taken to frame
common Statutes, particularly in view of the Government
Supplementary letter dated 29.01.2024. It is further stated by them
that GR dated 20.05.2010, 08.04.2013 and 29.01.2014 have been
issued by invoking the powers conferred by the provisions of Section
8(4) of the Maharashtra Universities Act, 1994 and therefore, challenge
to the GR is not justified in the matter.
22. Respondent no. 4 University stated that the Standard Code
has been repealed by the GR dated 20.05.2010 and it is made clear in
the said Resolution that the same would be applicable to the both non-
teaching staff of the non-agricultural Universities and non-teaching
28 J.wp.313.2022 and 616.2022.odt
staff of the affiliated Colleges. It is stated by respondent no. 4
University that vide Supplementary letter of the State Government
dated 29.01.2014, the Standard Code has been restored only for the
non-teaching staff of the affiliated College and not for the non-teaching
staff of the non-agricultural University. Respondent no.4 University has
heavily relied upon the Government Notification dated 06.06.2017,
which according to them, is applicable due to repeal of the Standard
Code till the framing of common Statutes by the State of Maharashtra.
23. To substantiate this submission, the respondent no. 4
University has relied upon Section 71(20) of the Maharashtra Public
Universities Act by stating that the Qualification, Recruitment, Duties
and Condition of service of employees of University and affiliated
Colleges required to be in consonance with the policy framed by the
State Government and any Statutes, Ordinances and Regulations shall
not be in contravention of the State Government Policies. Hence, the
action of respondent no. 4 University was in consonance of the
provision of law.
24. Respondent no. 4 University stated that in view of powers
conferred under Section 12(8) of the Maharashtra Public Universities
Act, 2016, the Vice Chancellor has invoked powers and time to time
29 J.wp.313.2022 and 616.2022.odt
issued directions. Hence, according to respondent no. 4 University, the
procedure adopted by them is in consonance with the policy framed by
the State Government.
25. Respondent no.4 University to buttress the submission
relied upon the letter of the Joint Director of the Higher Education
dated 05.04.2018, wherein it is stated that while effecting the
promotion to the post of clerk/typist, the candidate should possesses
the Graduate Degree as per the Notification dated 06.06.2017. Hence,
relying on the same, respondent no. 4 University is issuing promotional
order to the eligible candidates.
26. In the present matter, after filing of the reply by respective
parties, the petitioners have filed an additional affidavit in the matter
on 05.12.2023. It is stated by the petitioners that one of the petitioner
has obtained information under the Right to Information Act, 2005
('RTI Act') from the office of Director of Higher Education, Pune vide
application dated 17.12.2023 regarding applicability of the Standard
Code to the promotion of senior grade clerk working at non-
agricultural University. Accordingly, the Director of Higher Education
informed to the petitioner that the Standard Code is applicable to the
non-teaching employees working at non-agricultural University in
30 J.wp.313.2022 and 616.2022.odt
Maharashtra State as per the GR dated 29.01.2014. The relevant
extract supplied by the office of the Director of Higher Education,
Maharashtra State, Pune vide communication dated 08.11.2023 is
reproduced as under :
27. In view of this affidavit and information received under the
RTI from the office of the Director of Higher Education, who is the
Highest Officer in the Hierarchy of the Higher and Technical Education,
respondent no. 3 was expected to admit the said fact. However,
respondent nos.1 to 3 filed additional affidavit on 09.08.2024 under
the signature of the Joint Director of Higher Education, Nagpur
Division Nagpur stating that the communication dated 08.11.2023
issued to the petitioner under the RTI Act is by the Public Information
Officer functioning in the office of Director of Higher Educuation and
the same is not acceptable to him. It is reiterated by respondent nos.1
to 3 that in view of repeal of the Standard Code vide GR dated
20.05.2010, the provisions of Government Notification/Resolution
31 J.wp.313.2022 and 616.2022.odt
dated 06.06.2017 would be applicable to govern the service condition
of the petitioners. So also, respondent no. 4 University stated that the
information supplied to the petitioners under the RTI Act is not correct
in the matter as the GR issued by respondent nos.1 is very much clear
and in consonance with the same, the University has taken necessary
steps in the matter. Therefore, respondents denied the documents
which has been supplied to the petitioners under the RTI Act.
28. In the background of above said factual position, the issue
falls for consideration in the present petition is as to whether vide GR
dated 20.05.2010 the Standard Code is repealed ?. If the Standard
Code has been repealed then why since last 15 years common Statutes
are not prepared for whole Maharashtra State. The State Government is
justified to issue Government Supplementary letter stating that the
Standard Code is restored only for the non-teaching staff of affiliated
Colleges and not for the University's employees and lastly, whether Vice
Chancellor of the University can invoke time and again the powers
under Section 12(8) to issue directions in the matter.
29. In view of this controversy, we have firstly looked into the
provisions of the Maharashtra Universities Act, 1994 as well as the
Maharashtra Public Universities Act, 2016. It would be relevant to
32 J.wp.313.2022 and 616.2022.odt
quote Section 8 of the old Maharashtra Universities Act, 1994, as at the
relevant time of issuing the GR dated 20.05.2010, same was in
existence.
"8. Control of State Government on universities.
(1)Without prior approval of the State Government, the
university shall not -
(a)create new posts of teachers, officers or other
employees;
(b)revise the pay, allowances, post-retirement benefits
and other benefits of its teachers, officers and other
employees;
(c)grant any special pay, allowance or other extra
remuneration of any description whatsoever, including
ex-gratia payment or other benefits having financial
implications, to any of its teachers, officers or other
employees;
(d)divert any earmarked funds received for any purpose
other than that for which it was received.
(e)transfer by sale or lease of immovable property ;
(f)incur expenditure on any development work from the
funds received from the State Government or University
Grants Commission or any person or body for the
purposes other than the purposes for which the funds
are received;
(g)take any decision regarding affiliated colleges
resulting in increased financial liability, direct or indirect,
for the State Government.
(2)The university shall be competent to incur
expenditure from the funds received from,-
(a)various funding agencies without any share or
contribution from the State Government;
(b)Fess for academic programmes started on self-
supporting basis;
33 J.wp.313.2022 and 616.2022.odt
(c)contributions received from individuals, industries,
institutions, organizations or any person whosoever, to
further the objectives of the university;
(d)contributions or fees for academic or other services
offered by the University;
(e)development fund, if any, established by the
university for the purposes of-
(i)creation of posts in various categories for specific
period ;
(ii)granting pay, allowances and other benefits to the
posts created through its own funds provided those posts
are not held by such persons, who are holding the posts
for which government contribution is received;
(iii)starting any academic programmes on self-
supporting basis;
(iv) incurring expenditure on any development work,
without referring the matter for approval of the State
Government, provided that, there is no financial liability,
direct or indirect, immediate or in future, on the State
Government.
(3)The State Government may in accordance with the
provisions contained in this Act, for the purpose of
securing and maintaining uniform standards, by
notification in the Official Gazette, prescribe a Standard
Code providing for the classification, manner and mode
of selection and appointment, absorption of teachers and
employees rendered surplus, reservation of post in
favour of members of the Scheduled Castes, Scheduled
Tribes, [De-notified Tribes, (Vimukta Jatis), Nomadic
Tribes] and Other Backward Classes, duties, workload,
pay, allowances, post-retirement benefits, other benefits,
conduct and disciplinary matters and other conditions of
service of the officers, teachers and other employees of
the universities and the teachers and other employees in
the affiliated colleges and recognized institutions (other
than those managed and maintained by the State
Government, Central Government and the local
authorities). When such Code is prescribed, the
provisions made in the Code shall prevail, and the
provisions made in the Statues, Ordinances and
34 J.wp.313.2022 and 616.2022.odt
Regulations and Rules made under this Act, for matters
included in the Code shall, to the extent to which they
are inconsistent with the provisions of the Code, be
invalid.
(4) In case of failure of the university to exercise powers
or perform duties specified in section 5 or where the
university has not exercised such powers or performed
such duties adequately, or where there has been a failure
to comply with any order issued by the State
Government, the State Government may, on making such
enquiry as it may deem fit, issue a directive to the
university for proper exercise of such powers or
performance of such duties or comply with the order;
and it shall be the duty of the university to comply with
such direction:
[Provided that, in case the university fails to comply with
the directives, the State Government shall call upon the
University to give reasons in writing why the directives
were not complied with. If the State Government is not
satisfied with the explanation, it may refer the matter to
the Chancellor for taking necessary action under sub-
section (3) of section 9.]
(5) The State Government may carry out test audit or
full audit of the accounts of an university, college, school
or institution regularly at such intervals as the State
Government may deem fit.
30. Section 8(3) of the abovesaid provisions, made it clear that
State Government in accordance with the provisions contained in the
Act by notification in the official gazette, prescribed the Standard Code
providing for Classification, Manner and mode of selection. And it is
made clear that when such code is prescribed, the provisions made in
the Statutes, Ordinances and Regulations made in the Act, for matters
included in the Code shall, to the extend to which they are in consistent
35 J.wp.313.2022 and 616.2022.odt
with the provisions of the Code be invalid.
31. Clause 8(4) of the above said provisions, the Government is
empowered to prescribe the qualification and experience for the
purpose of appointment of non-teaching employee in the University, in
case of failure of the University to exercise such powers, same shall be
done by the Government, by publishing order in the official gazette. To
this extent, there is no dispute between the parties.
32. In the background of this legal provision, while this matter
was taken up for hearing on 18.06.2025, learned Counsel for the
petitioners raised specific ground that GR dated 20.05.2010 is not
published in the official gazette and therefore, the said GR cannot be
made applicable in the matter. Therefore, all the consequential action
taken in the matter are vitiated.
33. After considering his submission, we have asked the learned
Assistant Government Pleader to seek instructions on this issue from
the respondent nos.1 to 3. Consequently, on 24.07.2025, learned
Assistant Government Pleader has produced communication of the
Section Officer of Higher Technical Education, Maharashtra State,
Mumbai dated 05.09.2025, wherein it is categorically stated that GR
dated 20.05.2010 is not published in Government Notification and the
36 J.wp.313.2022 and 616.2022.odt
process of conversion is in progress. The said document is taken on
record and marked as Annexure 'X' for identification.
34. In view of the document dated 05.09.2025 placed on record
by respondent nos.1, it is thus clear that the GR dated 20.05.2010 till
date not published in the Government Notification as required under
Section 8(3) and (4) of the Maharashtra Public Universities Act, 2016,
hence all subsequent Government Resolutions, directions issued by
respondent no. 4 University looses its significance in the matter.
35. It will further necessary to note that the State Government
from the date of publishing the GR dated 20.05.2010 seems to be
under dilemma. The State Government vide GR dated 08.04.2013 at
one hand extended the time period of GR-2015/10 and kept continue
the implementation of the Standard Code till 30.06.2013. So also,
declared that appointment made during extended period are treated to
be made under the provision of the Standard Code.
36. Thereafter, by Supplementary Government Letter dated
29.01.2014 restored the provisions of Standard Code and instead of
stating the restoration of the same for all the non-teaching employees,
without any justification stated that same is restored for private
colleges affiliated with non-agricultural University. As such, time to
37 J.wp.313.2022 and 616.2022.odt
time GR issued by respondent no.1 State Government are not in
conformity with each other. As such, due to respondent no. 1 whole
mess is created in the matter.
37. It is further pertinent to note that the powers under Section
8(4) of the Maharashtra Universities Act, 1994 can be invoked in case
of failure of the University to exercise powers or perform duties
specified in Section 8(3) of the Maharashtra University Act, 1994.
Hence, for invoking the powers under Section 8(4) of the Maharashtra
Universities Act, 1994, it is necessary for the respondent no.1 to first
establish that how there is failure on the part of the University to
exercise their powers or to perform any duties adequately. However,
there is no such material placed on record by respondent no.1 while
exercising the powers under Section 8(4) of the Maharashtra
Universities Act, 1994 and therefore, we are of the considered opinion
that GR issued on 20.05.2010, 08.04.2013 and 29.01.2014 are in
contravention of Section 8(4) of the Maharashtra University Act, 1994.
38. The respondent no. 4 University since the year 2019
onward up to till date has issued one and another directives by
exercising powers under Section 12(8) of the Maharashtra Public
Universities Act, 2016. To understand how such powers can be
38 J.wp.313.2022 and 616.2022.odt
exercised, Section 12(8) of the Maharashtra Public Universities Act,
2016 is reproduced as under :
"12. Powers and duties of Vice-Chancellor.
(8) Where any matter is required to be regulated by the
Statutes, Ordinances or Regulations, but no Statutes,
Ordinances or Regulations are made in that behalf or
where there is an exigency to amend Statutes,
Ordinances or Regulations, the Vice Chancellor may, for
the time being, regulate the matter by issuing such
directions as he thinks necessary, and shall, at the
earliest opportunity thereafter, place them before the
Management Council or other authority or body
concerned for approval. He shall, at the same time, place
before such authority or body for consideration the draft
of the Statutes, Ordinances or Regulations, as the case
may be, required to be made in that behalf:
Provided that, such direction shall have to be converted
into Statute, Ordinance or Regulations as the case may
be, within six months of issuing of such direction failing
which such direction shall automatically lapse."
39. Bare perusal of this provision, it is clear that the Vice
Chancellor can exercise extra-ordinary powers under this provision or
where there is an exigency to amend Statutes, Ordinance or
Regulations for the time being to regulate the matter. The provision
further clearly states that after issuing such direction, at the earliest
opportunity, same should be placed before the Management Council for
approval. The proviso of this provision also clarified that, if such
directions are not converted into Statutes, Ordinances or Regulations
within six months of issuance of such directions, such direction shall
39 J.wp.313.2022 and 616.2022.odt
automatically lapse. But in the present matter, for a period of at-least
four years without getting approval of the same from the Management
Council, the respondent no. 4 University issued one after another
'Directions'. According to us, exercising of such powers is not in
consonance with the intention of legislature while conferring extra-
ordinary powers to Vice-Chancellor. So also in normal course, reasons
should come forward what was the reason to not convert said Direction
into Statutes, Ordinances or Regulations, as per the mandate of law.
But nothing is made available on record by respondent no.4 University.
Hence, we are of the considered opinion that respondent no.4
University by issuing one after another directions of same nature,
without converting it into Statutes, Ordinance or Regulations is nothing
but exercising the colorful powers, which is contrary to the mandates of
Section 12(8) of the Maharashtra Public University Act, 2016.
40. One more important aspect in the present matter is that the
Director of Higher and Technical Education under the RTI Act supplied
the information to the petitioner that the Standard Code would be
applicable to the non-teaching staff of the employees of the University.
As per the provisions of the RTI Act, any information provided under
this Act is having a statutory force. Furthermore, the Director of Higher
and Technical Education is the highest authority in the hierarchy of the
40 J.wp.313.2022 and 616.2022.odt
Department. Therefore, once this information has been supplied under
the RTI Act and the respondent want to denied the said document,
which was issued from the highest officer, it is least expected that to
deny such document the affidavit of the Director of the Higher and
Technical Education should have been placed on record. However, in
the present matter, the affidavit to deny the information supplied under
Right to Information Act to the petitioner's affidavit is filed under the
signature of the Joint Director of the Higher Education. Therefore, We
do not agree to accept such affidavit of respondent no. 3. We also found
that no document is placed on record to state that the Director of
Higher and Technical Education has empowered respondent no. 3 by
any specific communication to sworn affidavit in this behalf in the
present matter. Hence, only conclusion can be drawn that information
supplied under the RTI Act is valid and cannot be denied in the facts
and circumstances of the matter.
41. It is pertinent to note that in case GR dated 20.05.2010 is
accepted to be valid, then the Rules framed by the State Government
vide Notification dated 06.06.2017 is to be made applicable in the
matter. The bare perusal of said Rules which are framed in the year
2017 made it clear that there will be no promotional channel to the
lower grade clerk unless he possess the qualification of Graduate
41 J.wp.313.2022 and 616.2022.odt
Degree. As such, the petitioners and other like employees, who were
appointed in pursuance of the Standard Code, before 2017 in the lower
grade category, who were having qualification of SCC passed or below
Graduation Degree as prescribed in the Standard Code, in their life
time would not be in the position to get promotion to the higher posts.
On this point a specific query was put to the learned Counsel for the
respondent no. 4 University, on which he states that the Standard Code
being the old one and the higher post required higher qualification, the
qualification prescribed in the Notification dated 06.06.2017 is correct.
42. According to us when for the time being any Rules are to be
made applicable, they should not be in direct contradiction to the
earlier Rules applicable to employees and take away the channel of
promotion available to the petitioners on the basis of general Rule of
seniority-cum-merit. This would be a discrimination between the
common set of employees who were appointed before 2017.
Furthermore, the promotional channel is always to be kept open by
keeping in mind the qualification required for the lower post. In view of
this reason we are of the opinion that GR dated 06.062017 which is not
in consonance with the general principles of promotion is otherwise
also cannot be made applicable in the matter, irrespective of its validity
and sanctity of GR dated 20.05.2010.
42 J.wp.313.2022 and 616.2022.odt
43. In the above said factual and legal position, we are of the
confirmed opinion that the entire action of the respondents since the
year 2010 is contrary to the provisions of law, and accordingly, neither
the GR nor the Directions issued by the respondent no.4 University time
and again, are sustainable in the eyes of law. The Standard Code
framed under Section 8(3) of the old Maharashtra Universities Act is
holding the field. So also the provisions of the Maharashtra Public
Universities Act, 2016, nowhere stated about repeal of same. On the
contrary, Section 8(3) of the Act,2016 is para-materia with Section 8(3)
of old Maharashtra Universities Act, 1994. Hence, only conclusion can
be drawn that the Standard Code is not repealed by GR dated
20.05.2010 and all subsequent GR, Directions of respondents are held
illegal.
44. At the same time, the respective respondents, who were
promoted on the basis of the GR cannot be made scapegoat in the
matter. Therefore, it will be not proper to revert them on their original
posts and promote the petitioners on their posts. In this regard, the
petitioners fairly stated that the law laid down by the Hon'ble Supreme
Court in the case of Gurcharan Singh Grewal and anr. vs. Punjab State
Electricity Board and ors. (2009) 3 SCC 94, i.e. the Rule of stepping up
of pay can be made applicable in the matter if there is anomaly in
43 J.wp.313.2022 and 616.2022.odt
seniors pay or like in the present case. Accordingly accepting the
principle of stepping up of pay, the persons who are promoted should
not be affected in the matter and the petitioners, who are deprived
from the monetary benefits, the same can be granted to them from the
date on which they are eligible for the post or from the date when the
juniors were promoted by superseding the claim of the seniors.
45. The same view is taken by this Court by relying upon the
judgment of the Hon'ble Supreme Court in the Writ Petition No. 2750
of 1990 (Virendra Shankarrao Gonge and ors. vs. State of Maharashtra
and anr.) dated 21.06.2006 and observed in paragraphs 14 and 15 as
under :
"14. It cannot be lost sight of that the petitioners have
challenged their fixation which has been done in terms
of Government Resolution dated 7.8.1981. The learned
Counsel for the respondents have argued that several
Junior Research Assistants have already been given
benefit of fixation in pay scale of Rs.680-1250 and those
persons are not parties before this Court. We find that
the grievance of the petitioners can be ventilated by
directing the respondents to step up their pay to the
existing pay of the Senior Research Assistants who got
the fixation existing pay of the Senior Research
Assistants who got the fixation in scale of 680-1250
accordingly prior to them because of completion of total
five years of service in University but is junior to them in
cadre of Senior Research Assistant. Thus, if pay of
petitioners is stepped up, no injustice will be caused to
such junior in cadre Senior Research Assistants who
were already placed in time scale of Rs.680-1250 at the
44 J.wp.313.2022 and 616.2022.odt
relevant time and whose salary has been revised
accordingly from time to time.
15. We accordingly hold that the condition of having five
years total experience of University service for claiming
pay scale of Rs.680-1250 in the cadre of Senior Research
Assistant is unsustainable. The 5 years service has to be
after the candidate is appointed or promoted as the
Senior Research Assistant. In view of this interpretation
given by us, it is not necessary to quash or set aside the
said condition. The respondents are directed to step up
the pay of the petitioners as mentioned above & to
release to them all consequential arrears and to
complete said exercise as early as possible and in any
case within a period of four months from today. Writ
Petition is allowed accordingly. Rule is made absolute in
above terms. There shall be no order as to costs."
46. In the light of above reasons, we are of the considered
opinion that the petitioners are entitled for the benefits, which they
have claimed in the petition and accordingly, we passed the following
order :
(a) The Writ Petitions are allowed.
(b) It is held and declared that Government Resolution dated
20.05.2010 being not published in the official gazette and
was issued in contravention of Section 8(3) and (4) of the
Maharashtra Universities Act, 1994, the same is illegal and
accordingly, same is quashed and set aside.
(c) It is declared that the service conditions and manner of
45 J.wp.313.2022 and 616.2022.odt
recruitment and qualification in respect of non-teaching staff
of Nagpur University shall be governed by the Maharashtra
Non-agricultural Universities and Affiliated Colleges Standard
Code (terms and conditions of non-teaching employees)
Rules, 1984 and according to the said provisions, respondent
no. 4 University to issue consequential benefits of service
including promotion to higher post to petitioners.
(d) It is further made clear that qualification stipulated by the
State Government in Government Resolution dated
06.06.2017 is not applicable to the non-teaching staff
employees of the Nagpur University.
(e) The respondents are directed to grant deemed date
promotion to the petitioners i.e. date on which promotion
was given to their juniors i.e. respective respondents of both
the petitions with fixation of their salary with admissible
increments by applying the principles of stepping up of pay
without disturbing the promotion of respective respondents
of both the petitions.
(f) It is further directed that respondent no. 4 University should
complete the whole exercise of granting deemed date
promotion to the petitioners with admissible increments and
other benefits of services including arrears of increments and
further to revise the pension in case any of the petitioners are
superannuated in accordance with the deemed date, within a
period of four months from the date of the receipt of this
46 J.wp.313.2022 and 616.2022.odt
order.
47. Rule is made absolute in aforestated terms. No order
as to costs.
(PRAVIN S. PATIL, J.) (SMT. M.S. JAWALKAR, J.)
Trupti
Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 26/08/2025 18:04:30
