Shri Vile Parle Kelvani Mandal And Others v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 970 WRIT PETITION NO.2845 OF 2020 WITH WP/2846/2020 SHRI VILE PARLE KELVANI MANDAL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr V. D. Hon, Senior Advocate i/b Mr Satyajit R. Vakil a/w Ms Manorama Mohanty, Ms Harshita M. Manglani and Ms Vidya Bhalerao, Advocates for Petitioners;

Mr S. P. Tiwari, A.G.P. for Respondent No.1 Mr A. R. Borulkar, Advocate for Respondent No.3 CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATE : 15th March, 2023 PER COURT:

1.

The Petitioners have approached this Court for seeking approval to the appointments of those employees, who are set out in the array of Petitioners. Proposals forwarded to Respondent No.3/Technological University, are pending, and since they have not been decided for quite sometime, these Petitioners pray that, this Court may consider their proposals on their merits and grant approvals.

(2) 2.

It is undisputed that the proposals of the Petitioners are pending with Respondent/ Technological University. In the first petition, the issue of approvals pertains to 20 appointments of Assistant Professors. In the second petition, the issue pertains to 37 Assistant Professors, Associate Professors and Professors in the Institute of Technology. Issue is also of appointment of a Principal insofar as the Institute of Pharmacy is concerned. 3.

The learned Senior Advocate has placed before us a compilation of documents in both these matters, which are collectively marked as 'X-1' for identification. The acknowledgment remarks indicate that the Technological University has received these proposals. However, the learned Advocate for the University, submits on instructions, that the Petitioner may forward the said proposals along with a covering letter and the same would be considered on their merits in accordance with the provisions of Law, Statutes and Ordinances, within 60 days.

4.

In view of the above, these petitions are disposed off. 5.

The Petitioner/Institution, namely, Shri Vile Parle Kelvani Mandal, operating the Institute of Technology and the Institute of

(3) Pharmacy, would forward the proposals, enlisted in 'X-1' in both the petitions, along with a covering letter to the Respondent/University, by R.P.A.D. as well as on the E-mail address of the Registrar, mentioned below :

"registrar@dbatu.ac.in"

6.

As soon as the University receives these proposals, it would follow the due procedure laid down in law, and by considering the entire records of the Institution, decide the pending proposals within 45 days from the date of receipt. Needless to state, in the event, any of the stakeholders are required to be heard, for clarity and removal of any doubts, the University shall accordingly call upon the Institution to respond. This exercise would be completed within 45 days of the receipt of such proposals. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) sjk