Allowed

Yashwant Digambarrao Deshmukh v. Vasantrao Naik Marathwada Agriculture University through Its Registrar and Another

Bombay HC14 Nov 2017WP/10374/2017

Case brief

AI extract

What is this about?

This High Court bench addressed a petition challenging the University's decision to disqualify a doctorate holder from applying for an Assistant Professor post due to a discrepancy between his Masters and Ph.D. disciplines. The court held that the Statute does not require the Ph.D. candidate to possess a Master's in the specific discipline if they hold a relevant Ph.D., declaring the University's

What did the court decide?

Decision to hold petitioner ineligible was set aside; respondents directed to permit petitioner to participate in the selection process.

Yashwant Digambarrao Deshmukh Vs Vasantrao Naik… — Education and Admissions | Bombay HC (2017)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 10374 OF 2017

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Dr. Yashwant s/o Digambarrao Deshmukh age 45 years, occ. service as Junior Lecturer r/o New Shahu Nagar, Nanded Tq. & Dist. Nanded Petitioner

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Versus

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Vasantrao Naik Marathwada Agricultural University Parbhani, Dist. Parbhani Through its Registrar

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The Vice Chancellor Vasantrao Naik Marathwada Agricultural University Parbhani, Dist. Parbhani Respondents

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Mr. , advocate for petitioner. Mr. , A.G.P. for respondents.

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CORAM : R.M.BORDE &

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SMT. VIBHA KANKANWADI, JJ. DATE : 14^th NOVEMBER, 2017

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ORAL JUDGMENT : ( PER R. M. BORDE, J. )

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Heard.

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Rule. Rule made returnable forthwith. Heard finally at admission stage with the consent of learned counsel for the respective parties.

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Petitioner, who intends to participate in the process of selection for appointment to the post of Assistant Professor in BioTechnology, is aggrieved by the decision taken by respondent - University holding him ineligible to apply for the said post.

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Petitioner has completed Bachelor of Veterinary Science and Animal Husbandary and is also awarded Masters degree in Dairy Science. Petitioner thereafter acquired Ph.D. in Bio-technology. Petitioner claims that he possesses requisite qualification for the post advertised and as such, the decision taken by the University holding him ineligible to participate in the process is erroneous and deserves to be set aside.

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The Government of Maharashtra in exercise of powers conferred under sub-section (6) of section 38 of the Maharashtra Agricultural Universities (Krishi Vidyapeeths) Act, 1983, has framed Maharashtra Agricultural Universities (Krishi Vidyapeeths) Statues, 1990, applicable to all agricultural universities in the State of Maharashtra. The University Grants Commission and Indian Council of Agricultural Research, New Delhi have prescribed qualification and method of appointments and evaluation of Academic Officers, Head of Departments and other equivalent posts and qualification of Academic Staff Members of the University which has necessitated the State Government to amend the Statute already framed in conformity with the qualifications prescribed by the University Grants Commission and Indian Council of Agricultural Research, New Delhi. The Statutes have been framed by the State in the year 2014 and Appendix III framed under Statue 73 prescribes qualification for the academic

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post. So far as the post of Assistant Professor is concerned, it is prescribed that the candidate shall hold Ph.D. in the relevant discipline or Masters degree in relevant discipline from an accredited University alongwith National Eligibility Test (NET) conducted by Indian Council of Agricultural Research (ICAR) / University Grants Commission (UGC) / Council of Scientific and Industrial Research (CSIR) or similar test accredited by the University Grants Commission (UGC) like State Level Eligibility Test (SLET) / State Eligibility Test (SET). National Eligibility Test (NET) /State Level Eligibility Test (SLET) / State Eligibility Test (SET) shall also not be required for such masters programms in disciplines for which National Eligibility Test (NET) / State Level Eligibility Test (SLET) / State Eligibility Test (SET) is not conducted.

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Petitioner herein is held ineligible to participate in the process on the ground that he has been awarded Masters degree in Dairy Science whereas his graduation degree is in Veterinary Science discipline. It is not a matter of dispute that petitioner has been awarded Ph.D. degree in Bio-technology and as such, in terms of the Statute framed by the University, petitioner shall be deemed to have requisite qualification prescribed for the post. Contention of respondent that apart from holding Ph.D. degree the candidate shall also possess graduation degree as well as post graduation degree in the relevant discipline is not in conformity with the the Statue framed by the University. Since petitioner holds Ph.D. degree in relevant discipline he shall have to be held eligible to participate in the process. The decision rendered by respondent - University holding petitioner ineligible to participate in the process of selection is erroneous and as such deserves to be

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set aside and the same is accordingly set aside. Respondents are directed to permit petitioner to participate in the process of selection and to take appropriate decision in conformity with the merit and other relevant aspects. Rule is accordingly made absolute. No costs.

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SMT. VIBHA KANKANWADI R.M.BORDE JUDGE JUDGE

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Yashwant Digambarrao Deshmukh v. Vasantrao Naik Marathwada Agriculture University through Its Registrar and Another

Case brief

What is this about?

What did the court decide?

Yashwant Digambarrao Deshmukh v. Vasantrao Naik Marathwada Agriculture University through Its Registrar and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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