JUDGMENT :

We have heard learned counsel for the parties.

Civil Appeal No. 843 of 2012:

2. Aggrieved by the judgment and order dated 24.11.2009 passed by the High Court of Judicature at Bombay in Writ Petition No. 5231 of 2008 setting aside the selection of the present appellant to the post of Head of Department of Agronomy of Respondent No.2 - Maharashtra Council of Agricultural Education and Research, the present appeal has been filed.

3. The facts are not much in dispute.

4. In the year 1986, the appellant was appointed as Assistant Professor, College of Agriculture, Dapoli under Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth Dapoli. He was selected and promoted as a Professor of Agronomy in Mahatma Phule Krishi Vidyapeeth, Rahuri on 17.8.2001. For the purpose of appointing a Head of Department of Agronomy, a Selection Committee was constituted in the year 2008. The Committee, considered Statute 41 of the Maharashtra Agricultural Universities Statutes, 1990. The Committee after assessing the merit and other criteria of the appellant vis-a-vis contesting respondent selected the appellant to the post of Head of Department of Agronomy in the University.

5. Respondent No.1 challenged the