Mr.Sushil Subhash Karvekar v. The Director And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATEJURISDICTION WRIT PETITION NO.3978 OF 2017 Sushil Subhash Karvekar ..

Petitioner

Versus

The Director, Directorate of Technical Education & Ors.

..

Respondents Mr. Yuvraj P. Narvankar for petitioner Ms. Kavita Salunke, AGP for respondent Nos. 1 and 3 Mr. Kalpesh Patil i/b. Vikas Kolekar for respondent No.2 Mr. A.B.Borkar for respondent No.4.

CORAM : B.R. GAVAI & SANDEEP K. SHNDE, JJ DATE : 24th November, 2017 P.C.:

1.

Rule. By consent rule made returnable forthwith. Heard parties.

2] This petition is filed by the petitioner aggrieved by rejection of the proposal in respect of grant of approval to the petitioner's appointment as Assistant Professor in Electrical Engineering in respondent No.2 college, by impugned communication dated 14th October 2016.

3] It appears that the respondent No.2 had issued advertisement for filling up various posts. One of the post was of Assistant

Professor, Electrical Engineering. The petitioner had applied for the said post and in the selection process, the petitioner was selected and his name came to be recommended for approval of his appointment to the respondent No.1.

4] By the impugned order, the said proposal is rejected. The ground on which the rejection is based is that the petitioner's degree is B.E. Electronics which is not equivalent to B.E. Electrical Engineering.

5] In response to the notice issued by this Court, the affidavit in reply is filed on behalf of respondent No.1. The only ground stated in the reply is that for the post of Assistant Professor in Electrical Engineering, the required qualification was B.E. Electrical Engineering. It is further stated that the degree of the petitioner i.e. B.E. Electronics is not equivalent to the degree of B.E.Electrical Engineering.

6] Petitioner's degree is awarded by respondent No.4 University. It is seen from Exh.I annexed to the petition that respondent No.4 University after applying necessary guidelines has found that the degree of B.E. Electronics is of four years duration which is awarded

by Shivaji University and is equivalent to B.E. Electrical Engineering which is also a degree of four years duration awarded by Shivaji University.

7] In that view of the matter, we find that the only ground on which the approval of the petitioner's appointment is rejected is not sustainable. In that view of the matter, the impugned order dated 14th October 2016 is quashed and set aside. The respondent No.1 is directed to grant approval to the appointment of petitioner as Assistant Professor in Electrical Engineering in accordance with the proposal submitted by respondent No.1. The same be done within a period of four weeks from the date of receipt of copy of this order. (SANDEEP SHINDE, J) (B.R.GAVAI, J.)