BALASAHEB SHIVAJIRAO PAWAR Vs. REGISTRAR AND ELECTION OFFICER

JUDGEMENT

(1.) This writ petition challenges the order dated 06/08/2012, passed by the respondent no.1, rejecting the petitioner's nomination for contesting the election of senate of respondent no.2/University from Professors' Constituency of Aurangabad Region.

(2.) It is common ground that as per the provisions of Maharashtra University of Health Sciences Act, 1998, election to the Senate was due on 01/09/2012. As per Section 22A of The Maharashtra University of Health Sciences Act, 1998, the State is empowered to specify, in consultation with Chancellor, the eligibility conditions for being elected or nominated as Member of any authority of the University. The Medical Education and Drugs Department Act published rules regarding eligibility from the Professor's Constituency to the Senate of the University. The criteria of eligibility is as under :

(3.) The petitioner submitted his nomination alongwith documents to prove that he possesses required eligibility. The documents reveal that the petitioner is educated upto M.D. (Homeopathy) and is an employee of Dakshin Kesari Muni Mishrilalji Homoeopathic Medical College and Hospital, Aurangabad. The Principal of this College issued an experience certificate to the petitioner, in which it is stated that the petitioner has more than 10 years of teaching experience and that he worked as Assistant Professor from 01/01/2004 to 30/06/2007 and as Professor, he worked from 01/07/2007 till 02/01/2011 i.e. the date of issuance of the certificate. The College thus certified that as on 02/01/2011, the petitioner had experience as Professor of 3 years 6 months and 2 days. In addition to this certificate, he has annexed 3 more certificates which are as under :