Suresh Dalsing Pawar v. Dr Babasaheb Ambedkar Marathwada University And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 WRIT PETITION NO.492 OF 2023 SURESH DALSING PAWAR

VERSUS

DR BABASAHEB AMBEDKAR MARATHWADA UNIVERSITY AND OTHERS ...

Advocate for Petitioner : Mr. Abhishek C. Deshpande Advocate for Respondents 2 and 3 : Mr. S.S. Tope AGP for Respondents 4 to 6: Mr. S.G. Sangle .....

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 19th JANUARY, 2023.

PER COURT :- 1.

We direct the petitioner to delete respondent No.1. Deletion be carried out forthwith.

2.

The petitioner has put forth prayer clause "C" as under:- "C) By issuing writ of mandamus or any other appropriate writ, order or direction in the like nature, direct the respondents to promote the petitioner on the vacant post of Class III category of the respondent No.3 college and grant all consequential benefits expeditiously and for that purpose issue necessary orders."

3.

The learned advocate representing the University submits that the petitioner has a statutory remedy for espousing his grievance under Section 79 of the Maharashtra Public Universities Act, 2016, by approaching the Grievance Redressal Committee. If the decision of

wp492.23 -2the said committee is adverse to the petitioner, he can also avail of the remedy of preferring an appeal before the University and College Tribunal.

4.

The learned advocate for the petitioner submits, on instructions, that the petitioner would avail of the said statutory remedy.

5.

In view of the above, this petition is disposed off with the aforesaid liberty. All contentions of the parties are kept open. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/