Ulhas Eknathrao Udhan v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGBAD WRIT PETITION NO. 1322 OF 2015 ULHAS EKNATHRAO UDHAN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Deshmukh Shambhuraje V. AGP for Respondent/State : Mr. S.K. Kadam Mr. P.M. Shah, Senior counsel i/b Mr. S.P. Shah, Advocate for respondent no.2 ...

CORAM : S.S. SHINDE & P.R. BORA, JJ.

Dated: April 16, 2015 ...

PER COURT :- We do not propose to enter into the controversy whether the petitioner is a good academician or otherwise, which would cause prejudice to his interest. Suffice it to say that, the petitioner is nominee of the Chancellor and by the impugned communication he ceased to be the nominee of the Chancellor. Neither hearing nor any adjudication is contemplated on facts regarding good academician or other wise in exercise of writ jurisdiction. Upon plain reading of provisions of Section 27(1)(d), it gives powers to the Chancellor to appoint one person. As already observed the petitioner was only nominee and has no right to assert. In our opinion, the Petition lacks merits, hence rejected. 2.

At this stage, the learned counsel appearing for the petitioner prays for continuation of the interim relief for three weeks. The prayer is opposed by the learned counsel appearing for the Respondent No.3. Since Statute confers powers upon the Chancellor to appoint nominee, it is not desirable to continue the interim relief. In the circumstances the said prayer stands rejected. ( P.R. BORA, J. ) ( S.S. SHINDE, J. ) sga/-