U G C Qualified Junior College Teachers Association Through Its President G B Kadam v. The State Of Maharashtra And Others

(1) 33-wp-3019-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 33 WRIT PETITION NO.3019 OF 2018 U G C QUALIFIED JUNIOR COLLEGE TEACHERS ASSOCIATION THROUGH ITS PRESIDENT G B KADAM ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Abhishek C. Deshpande, Advocate for the Petitioner.

Mr. P. S. Patil, AGP for Respondents-State.

...

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATED : 26th FEBRUARY, 2019.

PER COURT:- 1.

We have heard Mr. Deshpande, learned counsel for the petitioner and learned A.G.P.. 2.

Mr. Deshpande, learned counsel for the petitioner submits that since 2010 the petitioner is representing the respondent no.1, however, cognizance is not taken.

3.

According to the learned counsel for the petitioner the channel of promotion was provided for lecturers of junior college to the senior college in the institution run by the Government under notification dated 03.07.2006. However, under notification dated 13.03.2015, the channel of

(2) 33-wp-3019-2018 promotion was done away with. The same was assailed before the Maharashtra Administrative Tribunal, Mumbai and Original Application has been allowed. The Government has been directed to make suitable amendment in the Rules so that the quota of promotion would subsist.

4.

The learned counsel submits that the discrimination is made amongst the lecturers of private aided colleges and Government colleges. 5.

In absence of any rules the prayer Clause (c) cannot be considered.

6.

It is for the Government to consider and frame a particular policy. As the petitioner contends that the representation to that effect has been made and pending with the Government, the Government may take decision upon the representation of the petitioner as referred to in prayer Clause (D) on its own merits, preferably within a period of eight months.

7.

Writ Petition is disposed of. No costs.

(A. M. DHAVALE) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/February-19