The Vice Chancellor Vasantrao Naik Marathwada Krishi Vidyapeeth Parbhani And Another v. Mahesh Sharadrao Deshmukh And Others

909-ca-6736-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6736 OF 2020 WITH REVIEW APPLICATION (STAMP) NO.6975 OF 2019 IN WRIT PETITION NO. 248 OF 2018 The Vice Chancellor Vasantrao Naik Marathwada Krishi Vidyapeet, Parbhani and another ... Applicants.

Versus

Mahesh S/o Sharadrao Deshmukh and others ... Respondents.

....

Mr. M.N. Navandar, Advocate for Applicants.

Mr. P.K. Lakhotiya A.G.P. for Respondent / State. Mr. Y.P. Deshmukh, Advocate for Respondent No.1 ....

CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 07th JANUARY, 2021 PER COURT:- 1.

We have heard Mr. Navandar, learned counsel for the applicants. The learned Counsel submits that the Academic Council does not have jurisdiction to decide the equivalence of Ph.D. degree issued by the Non-Agricultural University. After the order is passed by this Court, the State Government is insisting that the Academic

909-ca-6736-20 Council shall decide the issue of equivalence. It is not within the jurisdiction of the Academic Council to decide the issue of equivalence. In view of that seeks review of the order. The authority to decide the said issue is with the M.C.A.E.R. (respondent No.3 in the present application).

2.

The order dated 06.07.2018, which is sought to be reviewed nowhere directs Academic Council to decide the equivalence. Under order dated 06.07.2018, we had only recorded the statement of the learned Counsel for the petitioner and the respondents. We have not decided any issue under the order sought to be reviewed. If under the Statute / Rules / By-laws / Regulations, the particular act is to be done by the authority, then certainly, the same shall be done by the authority as prescribed under the Statute.

3.

We had under order dated 06.07.2018 sought to be reviewed not passed any order about the authority to decide the equivalence. 4.

In the light of that no case is made out for review. Both applications stand disposed of.

( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA ) JUDGE JUDGE S.P. Rane