Dr. Bhagwan Naganath Adatrao v. Punyashlok Ahilyadevi Holkar Solapur University Thr Its Vice Chancellor And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition No. 3998 of 2022 Dr. Bhagwan Naganath Adatrao ...

Petitioner v/s.

Punyashlok Ahilyadevi Holkar Solapur University, Solapur & ors.

...

Respondents Mr. Milind Deshmukh for the Petitioner.

Mrs. P.J.Gavhane, AGP for Respondents 2 and 3. Mr. Prasad P. Kulkarni for Respondent No.1.

CORAM : SUNIL B.SHUKRE & G.A. SANAP, JJ.

6th April 2022 P.C.

Heard learned counsel for the parties.

2.

By this petition, the petitioner who is interested in promotion to the next level post of Associate Professor has sought a direction to the University i.e. Respondent No.1 for constitution of a selection Committee. In fact, proposal for constitution of selection committee has been sent by Respondent No.4 on 18th November 2021 and,

2/2 26 wp3998.22.doc therefore, the cause of action in such a petition, if at all, would accrue in favour of Respondent No.4 and not the Petitioner. The Petitioner would have a right to be considered for promotion in the promotional post as and when it is initiated and such being the nature of the right of the petition, the Petitioner would have a cause of action, if at all any, only against Respondent Nos.4 and 5 and that too only to the extent of the consideration of the Petitioner for promotion and not to the promotion as such. Therefore, if this petition was to be filed, it ought to have been filed by Respondents 4 and 5 but that is not the case. 3.

In view of the above, we find that this petition is not maintainable and, is therefore, dismissed summarily. (G.A.SANAP, J) (SUNIL B.SHUKRE, J) Lata Panjwani, P.S.