The Registrar The Vasantrao Naik Marathwada Agricultural University Parbhani v. Rajkumar Radhakishan Dhage And Others

1 RA167.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION (CIVIL) NO. 167 OF 2015 IN WRIT PETITION NO. 9450 OF 2014 The Registrar, The Vasantrao Naik Marathwada Agricultural University, Parbhani .. Applicant

Versus

Rajkumar S/o Radhakishan Dhage and Others .. Respondents Shri M. N. Navandar, Advocate for Applicants. Shri P. B. Patil, Advocate for Respondent Nos. 1 to 7. Shri S. P. Deshmukh, A. G. P. for Respondent Nos. 8 and 9. WITH REVIEW APPLICATION (CIVIL) NO. 168 OF 2015 IN WRIT PETITION NO. 1330 OF 2014 The Vasantrao Naik Marathwada Agricultural University, Parbhani, Through its Registrar and Another .. Applicants

Versus

Ashok S/o Manikrao Shinde and Others .. Respondents Shri M. N. Navandar, Advocate for Applicants. Shri S. K. Chavan, Advocate for Respondent Nos. 1 to 4. Kum. R. P. Gaur, A. G. P. for Respondent Nos. 5 to 7.

2 RA167.15 CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

Date : 01ST DECEMBER, 2015.

PER COURT :- 1.

The present applications are filed seeking review of the order dated 29.10.2015 in writ petition No. 1330 of 2014 and 9450 of 2014. The review is sought to the limited extent i.e. with regard to paragraph 16 of the said judgment.

2.

Mr. Navandar, learned counsel for the applicants submits that, the recruitment process which is undertaken pursuant to the advertisement dated 25.11.2014 and 4/5.12.2014 would not in any way affect the posts which are sought to be filled in vide advertisement dated 26.08.2009. In light of that, the University be allowed to proceed further with the recruitment process pursuant to the advertisement dated 25.11.2014 and 4/5.12.2014.

3.

Mr. Patil and Mr. Chavan, learned counsel for respective respondents submit that, applicants are concerned with the protection of the posts meant for Project Affected Persons Category and the right of the candidates on Project Affected Persons Category as per advertisement of the year, 2009, should not be affected.

4.

A solemn statement is made before the Court by the review applicants that, even if the posts are allowed to be filled in as per advertisement dated 25.11.2014 and 4/5.12.2014, still the posts of Project Affected Persons Category which are to be filled in vide advertisement dated 26.08.2009 would be unaffected.

3 RA167.15 5.

In light of the above, we do not feel that there would be any impediment for the University to complete the recruitment process as per the advertisement dated 25.11.2014 and 4/5.12.2014, simultaneously, with the selection process of the posts for Project Affected Persons Category as per advertisement dated 26.08.2009.

6.

In light of the above, paragraph 16 of the judgment and order dated 29.10.2015 passed in writ petition No. 1330 of 2014 and 9450 of 2014 is modified. The said paragraph 16 stands deleted and substituted by following paragraph 16 - "16. The recruitment process pursuant to the advertisement dated 25.11.2014 and 4/5.12.2014 be proceeded further in a manner it would not affect the posts to be filled in for Project Affected Persons Category vide advertisement dated 26.08.2009 and the recruitment process undertaken vide advertisement dated 25.11.2014 and 4/5.12.2014 be conducted simultaneously with the recruitment process undertaken for Project Affected Persons Category vide advertisement dated 26.08.2009."

7.

Review applications accordingly disposed of. No costs. [ V. K. JADHAV, J. ] [ S. V. GANGAPURWALA, J. ] sam/Dec. 15