Dr. Ashok Ramdasji Mhaske And Others v. The State Of Maha., Through Its Secretary,Department Of Agriculture,Animal Husbandry And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1301 OF 2019 Dr. Ashok Ramdasji Mhaske and others -Vs.- The State of Maharashtra and others WRIT PETITION NO. 755 OF 2019 Dr. Mahendrra Budhaji Nagdeve and others -Vs.- State of Maharashtra and others ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. B.G.Kulkarni & Kalyan Chiwarkar, Adv. h/f Mr.Anand Parchure, Advs. for the petitioners.

Mr. A.S.Fulzele, AGP for the respondents-State. Mr. N.S.Badhe, Adv.for respondent-Agricultural Universities. Mr. A.R.Patil, Adv.for respondent-Krushi Vidyapeeth, Akola Mr. Arun S. Agrawal, Adv. for respondent-UGC. Mr. Anuj V. Pawar, Adv. h/f Ms Neeraja Choubey, Adv.for respondent-Union of India.

Mr. Narwade & Mr. V.B.Bhise, Advs.for intervenors. CORAM : AVINASH G. GHAROTE & SMT.M.S.JAWALKAR, JJ.

DATE : 23RD SEPTEMBER, 2024 Mr. Narwade, learned counsel for respondent/ intervenor Nos.6 to 19, has tendered across the Bar a communication dated 28/12/2015 issued by the UGC which is a information supplied under the RTI Act 2005 indicating that Agricultural Universities/Institutions do not come under the purview of UGC. The same is marked as 'X' (Pg.410) and taken on record for the purpose of identification.

2.

Mr.Badhe, learned counsel appearing for respondent No.2, seeks modification of the order dated KHUNTE

40-wp1301.19+1.odt 2/2 25/07/2024, which considering that the DPC was scheduled on 29th and 30th of July, 2024 directs that till the next date the promotional orders shall not be issued, which has been continued thereafter and is in operation till date. It is contended by him that in view of the aforesaid communication dated 28/12/2015, the promotions in other Universities should not be stalled and should be made subject to the result of the present petition. 3.

Mr.Kulkarni in Writ Petition No.1301 of 2019 and Mr.Chiwarkar holding for Mr.Parchure in Writ Petition No.755 of 2019, learned counsel for the petitioners, are not averse to the aforesaid proposition, in view of which the order dated 25/07/2024 is modified by directing that though the promotional orders may be issued, however, all such promotions shall be subject to the result of the present petition. All such promotional orders shall contain a clause that they are subject to the result of the present writ petition.

4.

In view of the above, Civil Application (W) No.2464 of 2024, therefore, stands disposed of.

5.

The learned counsel for the petitioners, for the present, does not press Civil Application (W) No.2463 of 2024 with liberty to raise the issue in a fresh application, considering the communication dated 28/12/2015 (Pg.410), considering which it is disposed off with liberty as prayed.

(SMT.M.S.JAWALKAR,J) (AVINASH G. GHAROTE, J) Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 24/09/2024 14:17:45 KHUNTE