Dismissed

Dr. G.P. Bhawane v. State of Maharashtra through Secretary, Dept. of Higher and Technical Education and Ors.

Bombay HC10 Jun 2019WP/7261/2015

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an order debarring a professor from guiding Ph.D. students as infructuous. The Court reasoned that the petitioner, aged 59, would soon superannuate, automatically ending the ban. Thus, no substantive order on academic evaluation was issued.

What did the court decide?

The writ petition was disposed of as infructuous.

Dr. G.P. Bhawane Vs State of Maharashtra through… — Education and Admissions | Bombay HC (2019)

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(7) WP 7261-15

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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Amk

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WRIT PETITION NO. 7261 OF 2015

Dr. G. P. Bhawane

.. Petitioner

Vs.

State of Maharashtra & Ors. .. Respondents

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Mr. Tukaram Shendge i/b Mr. Amitkumar Sale for the Petitioner. Mr. M. M. Pabale, AGP for the Respondent-State. Mr. Amit B. Borkar for Respondent No.4.

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CORAM : PRADEEP NANDRAJOG, C.J. & N. M. JAMDAR, J. DATE : 13th JUNE, 2019.

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P. C. :

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Learned Proxy for the Petitioner seeks adjournment on the ground that the Counsel for the Petitioner is not available in Court today.

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Age of the Petitioner is 59 years, as disclosed in the memo of parties.

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Working as a Professor in the Department of Zoology, Shivaji University, Kolhapur, the Petitioner questions the legality of the orders dated 12.01.2015 and 21.02.2015, debarring the Petitioner to act as a guide for students undergoing doctorate research work leading to award of Ph.D. degree in Shivaji University. Reason is two students of whom

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the Petitioner was a guide resorting to blatant plagiarism and the

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1/2

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(7) WP 7261-15

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Petitioner overlooking the same in the dissertation submitted. The

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extent of plagiarism was to the extent of 95% in one case and 70% in the other.

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Being a matter of academic evaluation, Courts must adopt hands or approach. That apart, in the absence of any stay granted to the Petitioner, the ban imposed upon the Petitioner as per two impugned orders has enured till date. Age of superannuation of professors in the University or colleges accredited with the University is 62 years extendable by another three years. Thus, maximum tenure of a professor is 65 years. Aged 59 years as of the year 2015, the Petitioner would nearing the age of 65 years as of today and would be superannuating soon; if the Petitioner has been granted extension of service.

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Since learned Counsel seeks adjournment, we dispose of the Petition as infructuous for the reason the operation of the impugned order would automatically come to an end when the Petitioner superannuates.

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The Petition is disposed of as infructuous.

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[N. M. JAMDAR, J.]

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[CHIEF JUSTICE]

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Dr. G.P. Bhawane v. State of Maharashtra through Secretary, Dept. of Higher and Technical Education and Ors.

Case brief

What is this about?

What did the court decide?

Dr. G.P. Bhawane v. State of Maharashtra through Secretary, Dept. of Higher and Technical Education and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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