LAWS(KAR)-2023-7-264

TIPPESHI L. CHAVAN Vs. UNIVERSITY OF AGRICULTURAL SCIENCES

Decided On July 12, 2023
Tippeshi L. Chavan Appellant
V/S
UNIVERSITY OF AGRICULTURAL SCIENCES Respondents

JUDGEMENT

(1.) The petitioner, who was an applicant to the post of Assistant Professor of Silviculture pursuant to the notification Annexure - A dtd. 14/4/2011 issued by the respondent - University is before this Court assailing the resolution of the Board of Management of the respondent - University dtd. 31/8/2013 vide Annexure - J and he has also sought for a further direction to the respondent to appoint him to the post of Assistant Professor Silviculture.

(2.) Heard the learned counsel for the parties.

(3.) In response to the notification at Annexure - A, the petitioner had submitted his application seeking appointment to the post of Assistant Professor of Silviculture which was reserved for candidates belonging to Schedule Caste. The petitioner was called for an interview alongwith other eligible candidates and in the marks allotted to the eligible candidates who had appeared for the interview, the petitioner was placed third. One Sri.Deepak M.S., who had toped the list was appointed to the post of Assistant Professor of Silviculture and accordingly, a resolution was also passed by the Board of Management. Subsequently, it was learnt by the respondent that aforesaid Deepak M.S. was earlier appointed as a full time employee in the Syndicate Bank and without obtaining No Objection Certificate from his employer, he had appeared for the interview held by the respondent. In this regard, a show cause notice was issued to Deepak M.S. and subsequently a decision was taken to cancel the appointment of aforesaid Deepak M.S. Subsequent to the said decision, a resolution was passed on 31/8/2013 vide Annexure - J deciding not to fill up the post of Assistant Professor of Silviculture from the reserved list and it was decided to issue fresh notification for filling up the said post. Being aggrieved by the same, the petitioner is before this Court.