Stree Shikshan Prasarak Mandal, Nagpur Thr. Its President Ravindra D. Fadnavis And Another v. Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur Through Its Registrar And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3933 OF 2018 (SHREE SHIKSHAN PRASARAK MANDAL & ANR...VS..RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : B.P.DHARMADHIKARI AND Z.A.HAQ, JJ.

DATED : JULY 24, 2018.

1.

Heard advocate Shri B.G.Kulkarni for the petitioner and advocate Shri R.D.Bhuibhar for the respondents.

2.

It is not in dispute that post-graduate qualification being conferred after studying in petitioner No.2 college is duly recognized. However, the respondents have not permitted admissions in the year 2018-19 to that course on the ground that recognized post graduate teachers are not available with the petitioner No.2.

3.

We find that in the communication dated 18/03/2018, sent by the respondent No.2 to the petitioner No.2, for Marathi subject total six teaching staff members are mentioned. It is, here, clarified that though other subjects are also mentioned in this communication, challenge in the present matter is in respect of Marathi only.

2 wp3933.18 4.

The course in Marathi i.e. M.A.(Marathi) of two years' duration is already approved and affiliated up to the year 2020-21.

5.

The contention of the petitioners is, 6 staff members on their roll are duly qualified and can be recognized by the respondents, however, in absence of RRC meeting the consideration has not taken place. 6.

Shri Bhuibhar on behalf of the respondents states that last meeting of RRC was conducted in February, 2018 and thereafter RRC could not meet.

7.

We, therefore, find that the respondents are pleading their own inability or fault in defence and in the process are victimizing the petitioners. If the petitioners have duly qualified staff and that staff imparted education so far and the course is affiliated up to 2020-21, the recognition asked for by the respondents appeared to be a technical formality. However, we are not concluding this aspect. 8.

We direct the respondents to arrange for and hold meeting of RRC within next ten days.

9.

If there is requirement of any notice period that period shall also be curtailed suitably. The qualification and performance of the staff with the petitioners teaching Marathi shall be accordingly evaluated by RRC and necessary decision shall be taken in that meeting.

3 wp3933.18 10.

This time bound direction has become essential as 4th August, 2018 is last date for giving admission to the students in post-graduate course.

11.

Accordingly, with this direction, we dispose of the writ petition. No costs.

(Z.A.Haq, J) (B.P.Dharmadhikari,J) RRaut..