LAWS(BOM)-2012-5-52

BANDU BABURAO MESHRAM Vs. CHAIRMAN BOARD OF GOVERNORS

Decided On May 11, 2012
BANDU BABURAO MESHRAM Appellant
V/S
CHAIRMAN, BOARD OF GOVERNORS Respondents

JUDGEMENT

(1.) RULE. Counsel appearing for the respective respondents waive notice. By consent, RULE made returnable forthwith and heard finally.

(2.) THE petitioners, by this writ petition under Article 226 of the Constitution of India, have prayed for order or direction restraining Respondent No.1 from holding the selection process for the post of Director by excluding them in the said selection process.

(3.) THIS petition has been filed on the assertion that in view of the Directions issued by the Vice-Chancellor bearing No.CONCOL.VCD/53 of 1993, titled as Directions Governing Terms and Conditions of Service of teachers appointed in the non-government constituent colleges and affiliated colleges of the University of Mumbai, the Selection Committee was obliged to interview and adjudge the merits of each candidate in accordance with the qualifications prescribed in the advertisement issued by the Institute. It is then stated that the advertisement does not mention that the candidates will be graded and eliminated even before the selection process. Further, no one has been informed about the basis of the elimination before the selection process. According to the petitioners, since they possessed requisite qualifications prescribed in the advertisement, the decision of the Selection Committee to exclude the petitioners from consideration during the selection process, was completely illegal being contrary to the directions of the Vice-Chancellor referred to above and that decision is hit by the Articles 14 and 16 of the Constitution of India. On this limited ground, the petitioners have approached this court and have prayed for directions against Respondent No.1 to refrain from holding the selection process for the post of Director by excluding the petitioners therefrom.