PRAVIN BALISINGH RAGHUWANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith and heard finally with the consent of parties.

(2.) By this writ petition filed under Articles 226 and 227 of Constitution of India, the petitioner is challenging the order dated 30.04.2009 passed by the Hon'ble Chancellor and his Excellency The Governor of Maharashtra, Sant Gadge Baba Amravati University and a Notification dated 08.05.2009 issued by Respondent No. 3 in consequence thereof. The Hon'ble Chancellor is Respondent No. 2 in the present matter. Respondent No. 2 has by the impugned order declared nomination of the petitioner to Board of Examinations under Section 31(3)(f) of the Maharashtra Universities Act, 1994 (hereinafter referred to as the Act) by Respondent No. 4 Vice Chancellor, invalid. The nomination has been done by invoking powers under Section 14(7) of the above Act by Respondent No. 4 Vice Chancellor.

(3.) Respondent 6 Shri Santosh Madhavrao Thakre filed Writ Petition No. 4560 of 2005 before this Court challenging Notification dated 16.02.2005 issued by the Registrar, Amravati University, punishing him for indulging in unfair practice in the conduct of examination. The Division Bench of this Court on 03.10.2005 quashed and set aside that notification and remanded the matter to Board of Examinations (present Respondent No. 5) for fresh consideration within a period of four weeks from the date of receipt of that order. The order was communicated immediately and on 14.10.2005, the Registrar of University notified appointment of the petitioner under Section 14(7) of the Act. It appears that Civil Application No. 6981 of 2005 was moved in Writ Petition No. 4560 of 2005 seeking extension of time and on 28.10.2005 this Court granted time of six weeks to Respondent No. 3 University to comply with its orders.