Syeda Humera Anjum And Others v. Marathwada College Of Education Through Its Principal And Others

2024:BHC-AUG:12391-DB 912 CA 6204 OF 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO. 6204 OF 2024 IN WP/11175/2022 WITH WRIT PETITION NO. 11175 OF 2022 SYEDA HUMERA ANJUM AND OTHERS

VERSUS

MARATHWADA COLLEGE OF EDUCATION THROUGH ITS PRINCIPAL AND OTHERS ...

Advocate for Applicant : Mr. Dixit Sushant V. Advocate for Respondent nos. 1 & 2 : Mr. P.S. Dighe Advocate for Respondent no. 4 : Mr. K. M. Suryawanshi Advocate for Respondent no. 5 : Mr. N.S. Tekale

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 28.06.2024 PER COURT :

Heard both the sides.

2.

By the order dated 07.08.2023 in the Writ Petition for the reasons recorded therein, we had directed in paragraph no. 5 as under : "5.

However, considering the fact that out of the first three petitioners, petitioner no. 2 has also applied for the current recruitment process and would be facing the interview, we direct that the two posts to be recruited as Assistant Professors (01 for science and 01 for mathematics) would be subject to the final outcome of the present writ petition"

3.

In the wake of the advertisement now published by the management, the present application has been moved by the petitioners with same grievance as was made wherein we had passed the aforementioned order. 1/2

912 CA 6204 OF 2024.odt 4.

The learned advocate for the respondent-management, on instructions, and in presence of the incharge Principal informs that the two posts which were advertised earlier and which were directed to be subject to the final outcome of this petition are still vacant. The present advertisement even includes those two posts. He fairly submits that the management would be bound by paragraph no. 5 of the order, even in respect of the present recruitment process and even one post for the subject English in the process can be similarly allowed to be filled in subject to the decision of this petition.

5.

We dispose of the application again by observing that any recruitment undertaken by the respondents pursuant to the latest advertisement for the posts of Assistant Professors; Science, Mathematics and English (one post each) shall be subject to the final outcome of the present writ petition. ( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) mkd/- 2/2