RAJESHKUMAR PRAKASHCHANDRA GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has impugned the judgment dated 16th October,2002 delivered by the learned Presiding Officer, Mumbai University and College Tribunal dismissing the appeal (62 of 2002) filed by the petitioner herein under section 59 of the Maharashtra Universities Act, 1994. Some of the relevant facts for the purpose of deciding this petition are as under :-

(2.) Sometime in the year 1980, the petitioner passed B.A.M.S. from Mumbai University. It is the case of the petitioner that in the year 1982, the petitioner completed his internship from M.A.Podar Hospital, Worli and worked in the said hospital as a House Physician, House Surgeon and as a Registrar cum Tutor in Surgery for three years. The petitioner passed Ayurvidya Parangat from Tilak Maharashtra Vidyapeeth, Pune a deemed University recognised by Central Council of Indian Medicine and University Grants Commission in the year 1986. It is the case of the petitioner that the said degree in Ayurvidya Parangat is a post graduate qualification in Shalya-Shalakya and Surgery. Sometime in the month of Sept. 1986, the petitioner joined the respondent no.2 hospital as a Resident Medical Officer. The petitioner was selected as a lecturer and Head of the Department in Shalya-Shalakya at Bhaisaheb Sawant Ayurved Mahavidyalaya of the respondent no.2 sometime in the year 1988 and is examiner for M.D. and Ph.D. students for Pune and Banaras Hindu University.

(3.) On or about 30th March,2000 the respondent no.2 college advertised various posts including for the purpose of reader in Shalayantra in Loksatta. In response to the said advertisement, the petitioner applied for the said post along with several other candidates. The respondent no.2 called six candidates for the interview including the petitioner and the respondent no.5 on 17th June, 2000.