DAYARAM DAGDOBA MASKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Looking to the nature of controversy involved, Rule is made returnable forthwith & matter is heard finally with consent of the parties. Adv. Brahme for petitioner assails selection of the respondent no. 6 as Assistant Professor on the ground of lack of essential qualification of NET/SET in her. Exemption from NET/SET is available only if candidate has Ph.D. Here, respondent 6 does not possess NET/SET and relies upon Ph.D. which she acquired after the last date prescribed for making of applications. He also alleges bias or malafides on part of the Selection Committee. Petitioner also seeks appointment in respondent 5 College in her place. While issuing notice on 12.1.2012, this Court has already cautioned the parties that petition may be disposed of finally at the stage of admission.

(2.) Respondent 1 is State of Maharashtra through its higher & technical education department while respondent 2 is the University established under the Maharashtra Universities Act, 1994-- referred to as 1994 Act, hereafter. Respondent 3 is an authority in said University conferring the doctorate ie Ph.D. Respondents 7 to 10 are the from the members of the Selection Committee alleged to be not faithful in discharge of their duties & who according to petitioner, have favored respondent 6 though she lacked the doctorate qualification. Respondent 4 is the educational institute which runs respondent 5 College in which respondent 6 has been appointed as an Assistant Professor.

(3.) Respondent 4 published two advertisements one on 26.11.2010 & other on 20.12.2010 calling applications to fill in the posts of Asst. Professors in various subjects including public administration. This post in public administration was/is in open category. Applications were to reach Principal of respondent 5 College within 15 days. Candidate was to posses (i)- masters degree with at least 55% marks, (ii) NET/SET clearance, & (iii) Candidate awarded Ph.D. degree in accordance with the UGC ( minimum standards & procedure for award of Ph.D.) Regulations, 2009 were exempted from NET/SET. These regulations are hereinafter referred to as 2009 Regulations. Submission of applications by petitioner as also by respondent 6 within time is not in dispute. Service of petitioneran aspirant from SC category, on clock hour basis with respondent 5 College, approval thereto by competent authority. Not only this fact that petitioner had NET/SET clearance & Ph.D. before the last date prescribed for making of application is not in dispute. Similarly, absence of NET/SET with respondent 6 and conferral of Ph.D. upon her on 20.01.2011 ie after last date for submission of application, is also not in dispute. Selection Committee consisting of 7 members interviewed the aspirants and respondents 7 to 10 are from amongst them. Respondent 7 was her guide for Ph.D.