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Bombay High CourtWP/145/2025disposed off

Pranali W/O Keshav Patil v. State Of Maha., Thr. Secretary, Special Assistance And Social Justice Dept., Mumbai And ORS

2025-10-07Hon'Ble Shri Justice Anil S. Kilor,Hon'Ble Shri Justice Rajnish R. Vyas4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 145 OF 2025 Dr. Pranali w/o Keshav Patil Vs.

State of Maharashtra, Thru. Its Secretary, Special Assistance & Social Justice Department, Ministry at Mumbai and Ors.

------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------- Mr. I.G. Meshram, Advocate for petitioner.

Mr. N.S. Rao, AGP for respondent Nos.1 to 3/State. Mr. Atul Pande, Advocate for respondent No.4. Mr. B.G. Kulkarni, Advocate for respondent Nos.5 & 7. Mr. Anil M. Gedam, Advocate for respondent No.6. CORAM : ANIL S. KILOR AND RAJNISH R. VYAS, JJ.

DATE : 07.10.2025.

In this writ petition, the petitioner has made the following prayers :

"i) Issue writ of mandamus or by a suitable writ, order or direction upon respondent Nos.3 to 7 to constitute the placement committee for promotion of petitioner in the cadre of Associate Professor;

ii) Issue appropriate writ of mandamus or by a suitable writ, order or direction and declare the petitioner is entitled for promotion in the cadre of Associate Professor w.e.f. 01/08/2018 and also entitled for promotion in the cadre of Professor w.e.f. 01/08/2021;

2 / 4 931.wp145.2025 iii) Issue suitable writ, order or direction to the respondent Nos.1 to 7 to release the natural increment for the year 2022 and 2023 to the salary of petitioner accordingly and direct to pay the arrears of differences of salary;

iv) Grant any other relief which may deem, fit and proper in the facts and circumstances of the case, in the interest of justice."

2.

To oppose these prayer clauses Shri Kulkarni, learned counsel for respondent Nos.5 & 7 submits that for Assistant Professor/equivalent cadres from Stage 2 to 3, the minimum academic performance requirements and screening / selection criteria requires one course/program from among the categories of refresher courses, Methodology Workshops, Training, Teaching-LearningEvaluation Technology Programmes, Soft Skills Development Programs and Faculty Development Programmes of 2/3 weeks duration.

3.

He further fairly admits that in the Assessment Committee meeting dated 25.07.2016, the date of placement of the petitioner in AGP was shown as 01.08.2015, AGP Rs.8000/- i.e. Stage 3. He submits that even though the Assessment Committee granted placement to the petitioner from 2015, according to him, it should be from 2020 as the requirement of completion of 2/3 weeks courses as referred above as minimum academic performance requirements on screening/

3 / 4 931.wp145.2025 selection criteria, was completed by the petitioner during 25.07.2020 to 10.08.2020 (Page 112).

4.

He further submits that he has instructions to give undertaking to this Court that if this placement is evaluated by Joint Director once again, whatever will be the decision of the Joint Director after evaluation, the respondent Nos.5 & 7 shall abide by the same and shall follow the further course of action in relation to the promotion of the petitioner, accordingly.

5.

He further points out that the respondent Nos.5 & 7 also made representations to the Joint Director on 07.05.2025 and 23.07.2025 in this regard. He submits that if the re-evaluation is made and the representations are considered by the Joint Director, respondent Nos.5 & 7 will abide by the decision of the Joint Director. 6.

In view of the above referred statement and undertaking and considering the limited controversy involved in the present matter, we are of the opinion that the purpose would be served if the writ petition is disposed of with directions to the Joint Director to decide the representations made by the respondent Nos.5 & 7 dated 07.05.2025 and 23.07.2025 which are at Page Nos.141 and 144 of the paper-book.

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Accordingly, we dispose of the writ petition with directions to the Joint Director to decide the representations made by respondent Nos.5 & 7 dated 07.05.2025 and 23.07.2025 within a period of two weeks from today.

8.

We accept the undertaking given by the respondent Nos.5 & 7 that the decision of the Joint Director on such representations will be binding on the them, and they will abide by such decision and will follow accordingly the future course of action as regards the promotion of the petitioner.

9.

The respondent Nos.5 & 7 are directed to release the natural increment for the year 2022 and 2023 to the salary of the petitioner if there is no legal impediment in the same.

10.

The petition is disposed of in above referred terms.

11.

Mr. Rao, learned Assistant Government Pleader undertakes to communicate this order forthwith. 12.

An authenticated copy of this order be supplied to the concerned parties to act upon. (Rajnish R. Vyas, J.) (Anil S. Kilor, J.)