NAVEED-US-SAHAR Vs. BABASAHEB AMBEDKAR MARATHWADA UNIVERSITY

JUDGEMENT

(1.) The petitioner approaches this Court under Article 226 of the Constitution of India with the following prayer :-

(2.) The petitioner contends that she is qualified as M.A., M.Ed. and Ph.D. She worked as Assistant Professor with respondent No.4 college since 1989. She became Professor in the year 2019. On 29/11/2021, the respondent No.4 published an advertisement for filling up the posts of Principal at Marathwada College of Education, Aurangabad, thereby inviting applications from the eligible candidates. The petitioner being qualified and eligible, responded to the advertisement and submitted her candidature. She was interviewed by duly constituted Selection Committee. After interview, she being the meritorious and suitable candidate, president issued an appointment order dtd. 18/5/2022, pursuance to recommendation of Selection Committee. The proposal for grant of approval to the petitioner's appointment was submitted by the respondent No.4 to the University. On 26/7/2022, University pointed out certain deficiencies in the proposal. The deficiencies were removed within time. Thereafter, respondent University issued the impugned communication rejecting the proposal, giving reason that in absence of President/Chairman of the governing body, the Selection Committee was invalid.

(3.) According to the petitioner, The selection Committee was valid in terms of Government Resolution dtd. 10/5/2019 as well as the UGC Regulations. The Chairman of the governing body had nominated his representative and other members of the Committee were in tune with the UGC Regulations. Therefore, the impugned communication is not sustainable in law.