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1991 Supreme(Bom) 527

M.S.DESHPANDE, B.U.WAHANE, B.N.SRIKRISHNA
Pramod Madhukarrao Padole & another – Appellant
Versus
Chancellor, Nagpur University & others – Respondent


JUDGMENT :---These 11 writ petitions under Article 226 of the Constitution of India, which had been originally filed at Nagpur, have been referred to me under Clause 36 of the Letters Patent in view of the difference of opinion between two learned Judges of the Division Bench (Deshpande and Wahane, J.), who heard the said writ petitions. While Deshpande, J. was of the view that these writ petitions ought to be allowed, and the rules granted therein made absolute, the other learned Judge, Wahane, J., took the view that these writ petitions ought to be dismissed, and the Rules granted therein be discharged.

2. The Division Bench has formulated the points of difference, on which my opinion, as the third Judge, is sought under Clause 36 of the Letters Patent. The points of difference are as follows:

""(1) Whether there can be reservation of posts in any of the three cadres of Professors, Readers and Lecturers, where there is a solitary post in a particular discipline.

(2) Whether the reservation to be made must be only with reference to the posts in the cadres, available in a particular discipline, subject only to the availability of more than one post.

(3) Whether grouping would be permis

































































































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