Ashok Baladhan Ukey v. The State Of Maharashtra And Others

123-WP-1690-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 123 WRIT PETITION NO. 1690 OF 2020 WITH CA/2928/2021 IN WP/1690/2020 DR ASHOK BALADHAN UKEY

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Pandurang M. Gaikawad Addl. GP for Respondent Nos. 1 & 2 : Mr. S.B. Yawalkar Advocate for Respondent No. 6 : Mr. Sanjay B. Deshpance Advocate for Respondent Nos. 3 to 5 : Mr. S.S. Thombre ...

CORAM : S. V. GANGAPURWALA AND S. G. DIGE, JJ.

DATE : 28th FEBRUARY, 2022 PER COURT :- 1.

Heard learned counsel for the parties.

2.

The respondent - University has filed the affidavit. Paragraph No. 7 from said affidavit reads as under:

"7. I say that as per the Government Resolution dated 07th August, 2019, the State Government had directed the university to submit a proposal to fill up the 80% posts and pursuant to that the university had prepared the proposal and same was forwarded to the State Government, but on said proposal till this date no any approval/permission is granted by the State Government. I further states that, to maintain educational discipline in the interest of students and the educational standard and more particular university is issuing advertisement by specifically stating that the appointment is on contributory/clock hour basis and concerned eligible candidate should appear for walk in interview. Therefore, in view of the fact the petitioner after academic year 20202021 he is not working on clock hour basis and when

123-WP-1690-20.odt earlier he participated in the said process after accepting the conditions and worked on clock hours basis, he cannot now question the same by filing the present writ petition." 3.

The proposal is pending with Government for filling in 80% posts on regular basis. It is submitted that the State Government has not taken decision on it as yet.

4.

In case, the proposal submitted by the University seeking permission to fill up 80% posts is pending with State Government, then State Government may take decision upon it, preferably within a period of six (06) months from the date of this order. 5.

Writ Petition is disposed of. No costs.

6.

In view of disposal of writ petition, civil application is disposed of. ( S.G. DIGE ) ( S.V. GANGAPURWALA ) JUDGE JUDGE mtk