High Court Bar Association, Nagpur Thr. President v. State Of Maharashtra, Dept. Of Higher Education Thr. Principal Secretary, Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.O. NO 1759/16 IN PUBLIC INTEREST LITIGATION NO. 57 OF 2016. (High Court Bar Association .vs. The State of Maharashtra & others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. S.M. Puranik, Advocate for petitioner, Mrs. B.H. Dangre, G.P. for respondent nos. 1 to 6. Mr.P.S. Khubalkar, Advocate for respondent no.7/applicant. CORAM : B.R. GAVAI & V.M. DESHPANDE, JJ.

DATED : OCTOBER 1, 2016.

An application has been filed for appropriate directions on behalf of the respondent no.7, i.e. the Registrar of Maharashtra National Law University, Nagpur.

It is stated in the application that on account of the regulations of the University Grants Commission, it will not be possible to immediately fill in the posts of Professors and Associate Professors on a regular basis. It is further stated in the application that taking into consideration the past experience of various National Law Universities in the country, it is appropriate that even the posts of Assistant Professors are filled in on a temporary basis and the regular appointments are made after certain period, taking into consideration the performance of the candidates selected.

We find that if on account of the finalization of the regulations by the U.G.C. the entire process of appointment is stalled for a considerable period, the very functioning of the

University may come to a standstill. We further find that the stand taken by the University that initially they should be permitted to appoint teaching faculty on a temporary basis and after their performance appraisal, they should be considered for regular appointment is also in the interest of the University. In that view of the matter, the application is allowed in terms of prayer clauses (i), (ii) & (iii).

Authenticated copy of the order may be supplied to the parties to act upon.

Judge Judge J.

C E R T I F I C A T E "I certify that this Order uploaded is a true and correct copy of original signed Order".

Uploaded by : Ki. Jeswani, Uploaded on : 4.10.2016.