GOVIND UMAJI GAI GOPAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Counsel for the Respondents waive service. By consent, the Rule is made returnable forthwith. The writ petition is taken up for hearing and final disposal, by consent and on the request of learned counsel.

(2.) These proceedings under Article 226 of the Constitution have been instituted by two teachers in order to impugn an advertisement dated 24 May 2012 issued by the Fifth Respondent, who is the principal of Shree Sant Damaji Mahavidyalaya, at Mangalwedha, an institution which is conducted by the Third Respondent-management.

(3.) There have been disputes in the management of the Third Respondent as a result of which two earlier proceedings came to this Court in the form of petitions under Article 226 of the Constitution. On 25 October 2010, a Division Bench of this Court, while dealing with one of those petitions namely, Shri Vidyavikas Mandal Vs. Board of Colleges and University Development and others, passed an order by the consent of all the parties by which M.V.Sawant who was then in-charge of the college as principal, was permitted to act as a representative of the management on the Selection Committee to be constituted for selecting a principal for regular appointment. The Court issued directions to the University to take steps to ensure that the post of principal was filled up in accordance with the prevailing regulations and statutes. M.V.Sawant was to act as a nominee of the management on the selection committee to be constituted by the University.