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Bombay High CourtWP/5372/2022disposed off

Dr. Sandeep Ashok Bhavsar v. The State Of Maharashtra Thr Thr Principal Secretary Higher And Technical Education Dept. And ANR

2022-07-13Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice S. M. Modak2 pages

8-wp-5372-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5372 OF 2022 Dr.Sandeep Ashok Bhavsar

...Petitioner

Versus

The State of Maharashtra Thr. The Secretary School Education Dept. & Ors.

...Respondents

---- Mr.Vinod Sanglikar a/w Mr.Yogesh Morbale for the Petitioner. Mrs.P.J. Gavhane, AGP for the Respondent-State. Mr.Ramanathan Sadasivan for the Respondent.

---- CORAM : S.V. GANGAPURWALA & by NILAM SANTOSH KAMBLE Date: 2022.07.19 10:25:08 +0530 NILAM SANTOSH KAMBLE S.M. MODAK, JJ.

DATE : 13 JULY 2022 P.C:- .

The learned counsel for the Petitioner submits that the interview Committee was not properly constituted. The Respondent No.3 had not filled in the Application through proper channel as contemplated under the advertisement. The Respondent No.3 is in services with the other employer at the time of the making Application, the NOC was submitted subsequently.

2.

The learned counsel has relied upon Section 105 of the Maharashtra Public Universities Act, 2016. Sub-section 5 of N.S. Kamble page 1 of 2

8-wp-5372-2022 Section 105 of the Maharashtra Public Universities Act, 2016 provides for a remedy before the Hon'ble Chancellor. 3.

In light of that, we are not inclined to consider the Petition on merits. The Petitioner may avail remedy as provided under Sub-Section 5 of Section 105 of the Maharashtra Public Universities Act, 2016.

4.

In that event, all contentions are kept open. 5.

Writ Petition is disposed of. No costs.

(S.M. MODAK, J.) (S.V. GANGAPURWALA, J.) N.S. Kamble page 2 of 2