SURESH GOVINDRAO BORKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

(2.) Petitioner is praying for issuance of writ, order or direction in the nature of writ of quo warranto and is praying to quash and set aside appointment of Respondent No.4 as the Vice Chancellor of Mahatma Phule Krishi Vidyapeeth, Rahuri. The petitioner is also praying for issuance of writ of mandamus directing the respondents to issue appointment order appointing him as Vice Chancellor of Mahatma Phule Krishi Vidyapeeth, Rahuri.

(3.) The petitioner is presently working as Head of the Department with Respondent No.3-University and was one of the candidates shortlisted during the process conducted for making appointment to the post of Vice Chancellor of Respondent No.3- University. There are 4 Agricultural Universities established in the State and the Hon'ble Governor of Maharashtra is Chancellor of these Universities by virtue of the powers vested under the Maharashtra Agricultural Universities (Krishi Vidyapeets) Act, 1983. There were vacancies for the posts of Vice Chancellor in two Universities i.e. Respondent No.3 Mahatma Phule Krishi Vidyapeeth, Rahuri and Dr.Balasaheb Sawant Konkan Krishii Vidyapeeth, Dapoli. The Hon'ble Governor of Maharashtra appointed Search Committee under the Chairmanship of Justice J.N.Patel (Retired) for recommending names of suitable candidates for the post of Vice Chancellor of Dr.Balasaheb Sawant Konkan Krishi Vidyapeeth, Dapoli. The Search Committee had invited applications from suitable candidates vide notification dated 14.08.2015. The Search Committee received about 50 applications in response to the notification/advertisement and during scrutiny of documents, the Committee shortlisted names of 12 candidates who were held to be eligible for personal interaction with the Committee. The petitioner was also found to be eligible and was called for interaction. It is contended that Respondent No.4, though tendered an application, was not found suitable and was adjudged as "ineligible" and thus was not called for personal interaction by the Committee. The Committee recommended names of 5 candidates including the petitioner. However, finally the Hon'ble Governor/Chancellor appointed one Dr.Tapas Bhattacharya as Vice Chancellor of Dr.Balasaheb Sawant Konkan Krishi Vidyapeeth, Dapoli.