SHANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By the consent of the parties, matter is taken up for final hearing at the stage of admission.

(2.) The petitioner impugns order dtd. 2/3/2024 issued by respondent no.3 on the basis of order passed by respondent no.4, thereby declaring petitioner to be disqualified to continue as member of Senate in pursuance of his election under Sec. 28(2) (r) of the Maharashtra Public Universities Act, 2016 (for short 'the Act, 2016').

(3.) The petitioner was working as Professor and Head of Department of Economics in Smt. Dankunwar Mahila Mahavidyalaya, Jalna. The petitioner came to be elected as Senate member of University from Teachers Constituency in terms of Sec. 28(2)(r) of the Act, 2016. The petitioner came across advertisement for filling up the post of Principal at Kohinoor Arts, Commerce, Science College, Khultabad. The petitioner responded to advertisement and came to be appointed vide order dtd. 27/4/2023 and joined his post w.e.f. 3/5/2023. His appointment to the post of Principal has been approved by the University. Since appointment of the petitioner is on tenure post of Principal, he was given lien as Professor with Smt. Dankunwar Mahila Mahavidyalaya, Jalna. The petitioner was served with show cause notice dtd. 21/2/2024 by In-charge Registrar of the University calling his explanation as to why action for cessation of membership of Senate shall not be initiated against him, since he ceased to represent Constituency of teachers under Sec. 28(2)(r) of the Act, 2016. The petitioner challenged the said notice by filing Writ Petition No.2201/2024. By the time writ petition was circulated, an office order declaring his cessation of his membership of senate was served upon him. However, the same was withdrawn on the same day i.e. on 26/2/2024. Later on, the petitioner withdrew the writ petition.