Disposed

Shri Samarth Shkshan Sanstha, through Secretary, Swapnil Vasantrao Dontulwar and Anothe v. the State of Maha. Thr. Secretary, Department of Higher and Technical Education, Mumbai and Others

Bombay HC25 Aug 2021WP/2964/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the rejection of a Principal's re-appointment. Directed the university to refer the case to a Peer Review Committee. Ordered that if recommended, appointment relates back to the original tenure start date.

What did the court decide?

Directed the University to refer the petitioner's re-appointment case to a Peer Review Committee; approved relation back of service to 24.09.2018 if re-employed.

Shri Samarth Shkshan Sanstha, through Secretary… — Education and Admissions | Bombay HC (2021)

¶1

18-wp 2964-20-

¶2

1/4

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

¶4

WRIT PETITION NO. 2964 OF 2020

¶5

PETITIONERS:- 1.Shri. Samarth Shikshan Sanstha, Aheri, through its Secretary, Swapnil Vasantrao Dontulwar, Office at Vasant Vaibhav Teachers Colony, Ballarpur, Dist. Chandrapur.

¶6

2.Dr. Chakradhar Ankush Nikhade, aged 60 yrs, occup. Service, r/o Sai Nagari, Gondpipri,Tal.Gondpipri,Dist.Chandrapur

¶7

...VERSUS...

¶8

RESPONDENTS:- 1.The State of Maharashtra through its Secretary, Department of Higher and Technical Education, Mantralaya, Mumbai-32.

¶9

2.The Director of Higher Education,State of Maharashtra, Central Building, Pune-1

¶10

3.The Joint Director of Higher Education, State of Maharashtra, Civil Lines, Nagpur.

¶11

4.Gondwana University, Gadchiroli through its Registrar, M.I.D.C, Complex, Gadchiroli, Dist.Gadchiroli.

¶12

--------------------------------------------------------------------------------------------
Mr.B.G.Kulkarni,counsel for the petitioners.
Mr.N.R.Patil,AGP for respondent Nos.1 to 3.
Mr. S.Marathe,counsel for respondent No.4.

Kavita

18-wp 2964-20-

2/4

CORAM : SUNIL B.SHUKRE &
 ANIL S.KILOR, JJ.

¶17

 DATE : 25.08.2021.

¶18

O R A L J U D G M E N T (Per :Sunil B.Shukre, J.)

¶19

 Heard.

¶20

2. Rule. Rule made returnable forthwith. Heard finally

¶21

by consent of the learned counsel appearing for the parties.

¶22

3Learned counsel for respondent No.4 submits, on
instructions that the Gondwana University, is agreeable to refer
the case of the petitioner for re-appointment as the Principal of the
College, after expiry of his first tenure of five years to peer
Review Committee/ similar Selection Committee.

¶23

4.The impugned communication dated 14.02.2020
takes the objection that the second term of the petitioner as
Principal of the College, being in the nature of re-appointment
could not have been allowed by the University or the College
without there being any suitable recommendation regarding re-

Kavita

18-wp 2964-20-

3/4

appointment made by peer Review Committee/similar Selection
Committee as per the UGC regulations on minimum qualifications
for appointment of teachers and other academic staff in the
Universities and Colleges and measures for the Maintenance of
Standards in Higher Education, 2010 modified on 11.07.2016.
Now that since the University is ready for referring the case of the
petitioner to the peer Review Committee, we are of the view that
the imbroglio which has developed after issuance of the impugned
communication dated 14.02.2020 would be hopefully resolved
and this would substantially serve the purpose of this petition.
Of course, it may happen that question of payment of salary,
would arise, eventually, but if it does arise, it could also be taken
care of by issuing appropriate directions, if the need arises.

¶28

5. In this view of the matter, we dispose of the Writ
Petition in terms of the statement made before us by Shri.
Marathe, learned counsel for the respondent No.4 upon receiving
instructions from the Gondwana University and accordingly, we
direct the University to refer the case of the petitioner regarding
re-appointment of second term to peer Review Committee, for its

Kavita

18-wp 2964-20-

4/4

appropriate recommendation/decision in the matter. We further
direct that the decision of the peer Review Committee shall be
communicated to the University and respondent No.3.

¶33

6.We further direct that in case, peer Review Committee
recommends re-appointment of the petitioner as Principal for the
second term of five years, such recommendation shall be accepted
by respondent No.2 and in that case, the approval shall relate
back to the date from which the second term of five years of the
petitioner as Principal of the College commenced, which is,
24.09.2018.

¶34

Rule accordingly. No costs.

¶35

 (ANIL S. KILOR,J) (SUNIL B. SHUKRE,J)

¶36

Kavita

Shri Samarth Shkshan Sanstha, through Secretary, Swapnil Vasantrao Dontulwar and Anothe v. the State of Maha. Thr. Secretary, Department of Higher and Technical Education, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Shri Samarth Shkshan Sanstha, through Secretary, Swapnil Vasantrao Dontulwar and Anothe v. the State of Maha. Thr. Secretary, Department of Higher and Technical Education, Mumbai and Others

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

Similar cases

Mrs. Chitra W/O Jagdish Mehar and Others Vs Union of India, through Its Secretary, (Idssa Scheme) Hrd Ministry, New Delhi and Others

Ms. Archana Wamanrao Borkar (Mrs. Archana Prashant Shingne) and Another Vs Union of India, through Secretary (Idssa Scheme), Hrd Ministry, New Delhi and Others

Chetan Mohanrao Dhapodkar and Others Vs Union of India Thr. Secretary (Iedss Scheme), Hrd Ministry, New Delhi and Others

Gulam Mustafa Gulam Mehmood and Others Vs the State of Maharashtra through Secretary, Department of Urban Development, Mumbai and Others

Chanda Shikshan Mandal Thr. President, Ashok Singh Thakur Vs Assistant Charity Commissioner, Chandrapur and Another

Vinodkumar Rameshchand Gupta and Another Vs Union of India, Thr. Secy., Ministry of Environment, Forest and Climate Control, New Delhi and Ors.