BEENA INAMDAR Vs. UNIVERSITY OF PUNE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith, by consent. Counsel for the respective respondents waive notice.

(2.) By this petition under Article 226 of the Constitution of India, the petitioner has primarily assailed the decision of respondent No. 2 dated 2 nd July, 2010, as also the letter intimating the petitioner about the decision of the respondent No. 2 dated 2 nd July, 2010. The petitioner further prays that this Court may issue appropriate writ directing the respondents No. 3 and 4, i.e., Management and College, respectively, to appoint the petitioner as Principal of the College, since she is duly qualified to be appointed to the said post, as was held by respondent No. 2 vide decision dated 30 th March, 2007. During the pendency of this petition, by way of amendment, the petitioner has prayed for further reliefs. It is prayed that appropriate writ be issued for quashing and setting aside Government Resolution (hereinafter referred to as 'GR') No.NGC-1200/7193/(5/00)/VISHI-4 dated 13 th June, 2000 issued by the Higher and the Technical Education Department of the Government of Maharashtra being ultra vires the provisions of the Maharashtra Universities Act, 1994 (hereinafter referred to as 'the MU Act'). It is further prayed that appropriate writ be issued to quash and set-aside the letter written by the University Grant Commission (hereinafter referred to as 'UGC') to the respondent University informing about the inclusion of the name of the respondent No.4 College in the list prepared under Section 2(f) of the UGC being ultra vires the provisions of the UGC.

(3.) Briefly stated, an advertisement was issued by the respondent No.3 dated 6 th July, 2006, which appeared in the local newspapers inviting applications for the post of Principal in respondent No. 4-College. Notably, the advertisement stated that the applications were invited for the post of Principal of the College run by respondent No.4 which is a fully aided Degree College affiliated to the University of Pune. As regards the educational qualification, experience and pay-scale of the candidate aspiring to apply pursuant to the said advertisement, it is stated that the same should be as per UGC, State Government and Pune University Rules.