SUDHAKAR SHIVARAM TEKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) These three Petitions can be disposed of by a common order. The facts in Writ Petition No. 1841 of 2013 would suffice the purpose of deciding the issue. Before dealing with Writ Petition No. 1841 of 2013 a brief reference to the challenge in Writ Petition No.1896 of 2012 filed by petitioner Prof. S. S. Rayamane and Writ Petition No.5826 of 2013 filed by petitioner Shri Udaykumar Govindrao Gurlhosur are stated for convenience.

(3.) In Writ Petition No. 1986 of 2012, the petitioner Prof. S.S. Rayamane prays that he be appointed as Head of Department ('HOD' for short) in the very same institute under the control of very same management. Writ Petition No. 5826 of 2013 filed by Shri Udaykumar Govindrao Gurlhosur challenges the communication dated 18th February, 2013 by the third respondent i.e. The Director of Technical Education, be set aside and the two notifications dated 10th September, 2012 and a set of rules styled as "Principal, Head of Department", Lecturer and Workshop Superintendent in Government Polytechnics and equivalent institutes (Recruitment) Rules, 2012 (hereinafter referred to as "the Rules of 2012" for short) be declared as ultra vires Articles 14 and 16 of the Constitution of India.