Mahavidyalayan Va Vidyapithiya Seva Nivrutta Shikshak Association Through Its Secretary And ORS v. The State Of Maharashtra Through Its Secretary And ORS

by ARUNA SANDEEP TALWALKAR Date:

2025.04.16 19:55:28 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 713 OF 2025 Mahavidyalayan Va Vidhyapithiya Seva Nivrutta Shikshak Association & Ors.

... Petitioners

Versus

The State of Maharashtra & Ors.

... Respondents.

**** Mr. C.G. Gavnekar a/w. Mr. Ashutosh Gavnekar, Mr. Rohit Parab, for the Petitioner.

Ms. P.N. Diwan, AGP for Respondent/State.

**** CORAM :

RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

7th APRIL, 2025 P.C. :

1.

The Petitioners are an Association of the employees of the Shivaji University along with the affected teachers, who have all superannuated in the last decade. Since there was no selection process conducted by the University, they lost their opportunity of being promoted as Professor though they were Associate Professors for years together. Each of them were highly qualified and their qualifications would speak for themselves.

2.

Hence, they approached this Court in Writ Petition No.

10606 of 2018, praying for a declaration that they should be deemed to be promoted as Professors since they were not at fault when the University did not conduct selection process within a particular time frame. This Court, by Order dated 8.12.2022, directed the Petitioners to approach the Grievances Committee under section 79 of the Maharashtra Public Universities Act, 2016.

3.

By an Order dated 26.5.2023, the 6 Members Grievances Committee under Section 79, directed the Respondents to constitute a committee and consider the Petitioners for promotion to the post of Professors, when they had Superannuated more than 6 to 8 years ago. The Divisional Deputy Director, Higher Education, Kolhapur Division has expressed the view vide Communication dated 27th August, 2024 that having retired more than 6 to 8 years ago, there cannot be any selection process in order to interview the retired employees at this stage. 4.

Issue notice to the Respondents, returnable on 17th June, 2025. The learned AGP waives service of notice on behalf of Respondent Nos. 1 to 3.

5.

We expect the Respondent No. 1 Principal Secretary,

Respondent No. 2 Director of Higher Education, Respondent No. 3 Divisional Joint Director of Education and Respondent No. 4 Registrar, Shivaji University to file their specific affidavits to deal with the issue as to how these Petitioners can now be compensated and whether the Petitioners could be considered to be deemed Professors on a particular date, for considering their right for monetary benefits. Let such affidavit in reply with proper pagination in continuation, be filed on or before 11th June, 2025. Thereafter, we would proceed to decide this Petition. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)