MAHESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule is made returnable forthwith. The learned A.G.P. waives service for the respondent No. 1. Learned advocate Mr. Jadhav h/f Mr. Katneshwarkar waives service for the respondent Nos. 2 and 3. At the request of the parties, the matter is heard finally at the stage of admission.

(2.) The issue revolves around the controversy as to if the petitioner who has been serving as an Assistant Professor in the respondent No. 3- Agricultural University established under the Maharashtra Agricultural Universities Act, 1983 (hereinafter 'the Act') having acquired Ph.D. in Soil Science (Earth Science) subject from Swami Ramanand Tirth Marathwada University, Nanded which is not an Agricultural University established under the Act was qualified to apply pursuant to the advertisement dtd. 24/2/2009 for the post of Associate Professor of Agricultural Chemistry & Soil Science which, according to the advertisement required the incumbent applying for that post to be :

(3.) Since the petitioner was not being even called for the interview in spite of his application and in spite of, according to him, he was eligible, he filed Writ Petition No. 248/2018. By an interim order dtd. 31/1/2018 the respondent No. 3-University was directed to invite the petitioner for interview by the selection committee. However, the result was to be kept in a sealed envelope. On a statement being made on behalf of the University and Vice Chancellor-respondent No. 2 that the issue regarding equivalence would be placed before the academic council, the interim order directed that the performance at the interview be kept in abeyance till the decision was taken by the academic council.