DAL AT ABASAHEB SOLUNKE Vs. DRB S MAHAJAN

JUDGEMENT

(1.) These four appeals are directed against the Judgment of the Aurangabad Bench of the Bombay High Court in Writ Petitions Nos. 3363 and 3364 of 1981.

(2.) Civil Appeal No. 3507 of 1989 is filed by Dalpat Abasaheb Solunke, original respondent No. 7 in W. P. No. 3363/81. The relevant facts in W. P. 3363/81 are that the respondent University issued an advertisement in July 1980 inviting applications for the post of Chief Extension Education Officer .along with 79 other posts. On receipt of the applications, the University. constituted a Selection Committee in compliance with the relevant statutes. The Selection Committee after considering the relevant merits of the candidates, on August 6, 1981 recommended the appellant to the said post. The Vice-Chancellor of the University accepted the recommendation and in exercise of the powers conferred on him, appointed the appellant by an Order of October 19, 1981. On October. 20, 1981 respondent No. 1 Dr. Mahajan preferred a writ petition before the High Court being W. P. No. 3363 of 1981 and obtained ad interim stay of the appointment of the appellant. On November 13, 1981, after hearing the University and the appellant, the High Court vacated the stay order, and the appellant took charge of the office on November 16, 1981. He completed. his probationary period of two years on November 15, 1983. The writ petition came up for hearing before the High Court in March 1987, and the High Court by its impugned decision of March 9, 1987 quashed the appellant's appointment.

(3.) In Civil Appeal No. 3508 of 1989, the facts are that by the same advertisement of July 1980, the University had invited applications for the post of a Deputy Director, Central Farm. The Selection Committee constituted by the University recommended the appellant to the said post on 6/7th August, 198 1, and the Vice-Chancellor issued an order appointing the appellant on October 19, 1981. The appellant took charge of the office on October 20, 1981. On the same day the respondent Dr. Shelke preferred a writ petition being W. P. No. 3364/81 before the High Court, and obtained an ad interim stay of the appellant's appointment. After hearing the appellant and the University, the High. Court vacated the stay order on November 13, 198 1. The appellant cleared his probationary period of two years on October 19, 1983. Thereafter in March 1987 the High Court quashed the appellant's appointment by the impugned common judgment. Hence these appeals.