Mohan Digambar Shende v. State Of Maharashtra, Through Secretary, Department Of Higher Education, Mumbai And Others

1 17-WP-5505-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5505 OF 2019 (Shri Mohan Digambar Shende Vs. State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri P.N. Shende, Advocate for the petitioner. Ms. T.H. Khan, Assistant Government Pleader for respondent Nos. 1 and 2/ State. Shri N.A. Gaikwad h/f Ms. Smita S. Singalkar, Advocate for respondent No.3. Shri B.G. Kulkarni, Advocate for respondent Nos. 4 and 5. CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE , JJ.

D ATE : SEPTEMBER 15 , 202 2 .

Heard.

The petitioner has raised challenge to the advertisement dated 17/7/2019 issued by respondent No.5 by which various posts of Contributory Teachers are sought to be filled-in on clock-hour basis. The petitioner is aggrieved by the prescription of qualification of NET/SET/PhD in the said advertisement. The petitioner contends that he has obtained degree of M.A. (English Literature). Since he has been serving as a Contributory Lecturer at respondent No.5 - College from 25/6/2003, it is urged that the prescription of qualification in the advertisement is unwarranted and liable to be set aside. On hearing the learned Counsel for the parties, we find that as per the Government Resolution dated 14/11/2018 issued by respondent No.

1, the requisite qualification for Contributory Teachers is as prescribed by the University Grants Commission and other competent authorities. It is in the light of that provision that the advertisement has prescribed requirement of NET/SET/PhD qualification. We do not find that the petitioner would be entitled to any relief as prayed for especially since the minimum requisite qualification in that advertisement is as prescribed by the University Grants Commission. There is no legal basis to challenge the advertisement as issued. In that view of the matter, we are not inclined to entertain the Writ Petition. It is accordingly dismissed with no order as to costs. (URMILA JOSHI-PHALKE, J.) (A. S. CHANDURKAR, J.)