Dr Parmanand Namdeoji Dange v. The Hon. Secretary All India Shri Shivaji Memoraial Society And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3618 OF 2024 Dr. Parmanand Namdeoji Dange

...Petitioner

Versus

The Hon. Secretary, All India Shri Shivaji Memorial Society & Ors.

...Respondents

Mr. Vaibhav Kulkarni a/w Ms. Disha Rathod, Mr. Prathamesh Deshpande, Advocate for the Petitioner.

Mr. Shrikrishna Ganbavale (Thr. V.C.) a/w Mr. Shantanu Patil, Advocate for Respondent Nos.1 & 2.

Mr. Abhijeet Naik, AGP for Respondent Nos.4 & 6/State. Ms. Anu C. Kaldharan h/f Ms. Anjali Helekar, Advocate for Respondent Nos.5.

CORAM : RAVINDRA V. GHUGE by SUNNY ANKUSHRAO THOTE Date:

2025.05.09 10:32:47 +0530 & ASHWIN D. BHOBE, JJ.

SUNNY ANKUSHRAO THOTE DATE : 8th MAY, 2025 P.C. :- 1.

We have briefly heard the learned Advocate for the Petitioner and the learned Advocate representing Respondent Nos.1 and 2. With their assistance, we have perused the observations of the Hon'ble Supreme Court in Paragraph Nos.26 to 28 of the Judgment dated 1st April, 2025 in Special Leave Petition (Civil) No(s).70587061 of 2019 (The Secretary, All India Shri Shivaji Memorial Society (AISSMS) and Ors. V/s. The State of Maharashtra and Ors.).

Prima facie, what appears to us, is that the Petitioner may not be entitled to the relief as sought in prayer clause [A]. 2.

He was appointed as an Assistant Professor on 10th October, 2008. In order to progress to the post of Associate Professor, he had to complete his Ph.D., within a period of 7 years from the date of appointment. The Petitioner was conferred with Ph.D. on 23rd February, 2018. He moved an application to the Management and he was granted the benefit of Associate Professor from the date of his acquiring the Ph.D. By an unwritten order, he was reverted w.e.f. 2nd July, 2023. The learned Advocate for the Management submits that the grant of the post of Associate Professor was ad-hoc.

3.

In the light of Prayer Clauses [A], [B] and [C], which the Petitioner is strenuously canvassing, we find that the Management needs to enter an affidavit in reply. 4.

Issue notice to the Respondents, returnable on 30th June, 2025. The learned Advocate Mr. Ganbavale waives service of notice on behalf of Respondent Nos.1 and 2. The learned AGP waives

service of notice on behalf of Respondent Nos.4 and 6. The learned Advocate Ms. Helekar waives service of notice on behalf of Respondent No.5.

5.

Let the affidavits in reply be filed, at least one week, prior to the returnable date.

6.

All office objections to be removed on or before 17th June, 2025, failing which, the Petition would stand dismissed without reference to the Court, on 18th June, 2025. 7.

The matter will be called out after the fresh admissions board is over.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)