DIVYA T.A Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, a Associate Professor working with Respondent No. 2 - Sardar Patel College of Engineering ("College") seeks a writ of mandamus commanding the Respondent No.2 to recall its decision refusing to grant consent for deputation of the Petitioner with Respondent No. 3 and relieve the Petitioner to pursue full-time PhD programme under Quality Improvement Programme ("QIP") as per Government Resolutions dtd. 20/11/1996 and 28/10/1998 issued by Respondent No. 1.

(2.) The Petitioner is an Associate Professor in Physics at the Autonomous College administered by Respondent No. 2, affiliated to the University of Mumbai. In pursuance of the Quality Improvement Programme floated by Respondent No. 1 by Government Resolution dtd. 20/11/1996, the Petitioner on 18/7/2019 applied to Respondent No. 2 for No-Objection to allow the Petitioner to apply for PhD programme under QIP for the year 2020. Respondent No. 2 on 18/7/2019 granted NoObjection to Petitioner.

(3.) By Government Resolution dtd. 24/2/2021, Respondent No. 1 revised guidelines about permitting Teachers to pursue PhD under QIP, which did not provide for the replacement in place of a Teacher pursuing a PhD. Respondent No. 2, therefore, by communication dtd. 30/12/2021, withdrawn No Objection granted in favour of the Petitioner for pursuing PhD. Thus, the Petitioner has challenged communication dtd. 30/12/2021 by way of the present petition.