DR. PRAMOD Vs. UNIVERSITY OF MUMBAI

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith by consent of the parties.

(2.) The petitioner, by this Petition under Art. 226 of the Constitution of India, challenges the selection and appointment of respondent No.3 to the post of Professor in Marathi, Department of Marathi, University of Mumbai. The respondent No.3 is appointed by an order dated 27/9/2013 issued by respondent No.1 to the said post. The petitioner further prays for declaration that he is entitled to be appointed to the post in question with effect from 27/9/2013 in place of respondent No. 3. During the pendency of this Petition an Appeal already filed by the petitioner under Sec. 76(7) of the Maharashtra Universities Act, 1994 (hereinafter referred to as 'the said Act' for short) came to be decided by respondent No. 5. By this order dated 16/11/2018, the Appeal came to be rejected. The order dated 16/11/2018 passed by respondent No. 5 is also challenged after carrying out necessary amendments in this Petition.

(3.) The facts of the case briefly stated are thus :