LAWS(BOM)-2022-8-73

ARVIND MANIKRAO TATTE Vs. STATE OF MAHARASHTRA

Decided On August 24, 2022
Arvind Manikrao Tatte Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties.

(2.) The petitioners, being aggrieved by communication dtd. 13/11/2014, issued by respondent no.3-Jt. Director of Higher Education, Amravati Division, Amravati in favour of Principal of respondent no.6-Late Panchafullabai Pawde Arts and Commerce Mahila Mahavidyalaya, Warud, have preferred the present petition. A copy of the aforesaid communication has been forwarded to the petitioners. By the said communication, the respondent no.3 has advised respondent no.6 to take necessary action in respect of appointments of the petitioners in terms of the Government Resolution (G.R.) dtd. 18/10/2001.

(3.) Learned counsel for the petitioners submits that by the aforesaid G.R. dtd. 18/10/2001, passing of National Eligibility Test (NET)/State Eligibility Test (SET) has been made mandatory for the appointment of lecturers made on or after 4/4/2000. The petitioner no.1 has been appointed on 10/1/2000 and the petitioner no.2 has been appointed on 16/3/2000. Thus, both the petitioners were appointed prior to the cut off date i.e. 4/4/2000 and therefore they are exempted from passing NET/SET, as prescribed by the University Grants Commission (UGC). However, by the aforesaid G.R. dtd. 18/10/2001, appointees prior to 3/4/2000, were given two years period to clear NET/SET examinations. Petitioners contend that subsequently the UGC has taken a decision to grant exemption from passing NET/SET exam to the lecturers appointed during the period from 19/9/1991 to 3/4/2000. However, respondent no.3 has advised respondent no.6 to take action in terms of above G.R. Learned counsel for the petitioners are apprehending their termination pursuant to the impugned communication.