Manjusha Karve v. University Of Mumbai And 2 ORS.
SMITA JOHNSON GONSALVES JOHNSON GONSALVES Date: 2022.01.12 11:48:09 +0530 sg 1/2 16.wp3050-18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3050 OF 2018 Manjusha Karve ..
Petitioner v/s.
University of Mumbai & Ors.
..
Respondents ....
Mr. Rupesh Lanjekar, for the Petitioner.
Mr. P.M. Palshikar, for Respondent No.1.
....
CORAM: NITIN JAMDAR & AMIT B. BORKAR JJ.
DATE : 7 JANUARY 2022.
(Through Video Conferencing) P.C:- Heard learned Counsel for the parties.
2.
The Petitioner is working as a Professor in Analytical Chemistry in University of Mumbai and was guiding the Ph.D. students. By the impugned order dated 20 May 2014, considering complaint made by two students for change of guide, it was directed that no new students should be allotted to the Petitioner meaning thereby she was debarred from guiding Ph.D. students. Thereafter, the Petitioner has made various representations.
sg 2/2 16.wp3050-18.doc 3.
Though we are not inclined to enter into the arena as to whether the Petitioner is qualified or capable or otherwise, which may require a composite subjective assessment, we find that the contention of the Petitioner that the position in the year 2014 need not continue in perpetuity and that the Respondent University should review the position as of today, to be reasonable.
4.
It is open to the Petitioner to make representation to the Respondent University. If the representation is made within period of three weeks from today, the Respondent University will take into consideration the current position and overall circumstances. While deciding the representation, the University will consider whether the cause stated in the impugned order of the year 2014 is serious enough to continue debarring the Petitioner even as of today. The decision be communicated to the Petitioner within six weeks of the receipt of the representation. The writ petition is accordingly disposed of. (AMIT B. BORKAR J.) (NITIN JAMDAR, J.)