JUDGMENT - A.B. PALKAR, J.:---Petitioner is professor and head of the department in the department of Kaya Chikitsa in R.A. Podar Ayurvedic College, Mumbai while respondent No. 2 is Reader in the same department. Respondent No. 2 had challenged the appointment of petitioner as Reader in Kaya Chikitsa before Maharashtra Administrative Tribunal (MAT) in Original Application No. 843 of 1996 which came to be dismissed on 12-9-1996. Thereafter respondent No. 2 filed writ petition being Writ Petition No. 1602 of 1998 through Maharashtra Under Privileged Teachers Association of which respondent No. 2 is member, before the High Court for the same reliefs. The said writ petition was disposed of as withdrawn vide order dated 20-8-1998 and thereafter respondent No. 2 filed another application being Application No. 555 of 1998 before MAT challenging selection and appointment of petitioner. During the pendency of that matter respondent No. 2 filed present complaint suppressing the above stated material facts.

2. Petitioner applied for the post of Reader in Kaya Chikitsa in 1988 as he possessed the required qualification. The prescribed qualification being 3 years teaching experience in recognize

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