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2010 Supreme(Bom) 617

A.M.KHANWILKAR, R.M.SAVANT
Prabhakar J. Lavakare – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioner:A.V. Anturkar with Mr.S.B. Deshmukh, Advocates.
For the Respondents:R1 & R2, Ravi M. Kadam, Advocate General with S.R. Nargolkar, G.P., R3 & R4, V.A. Thorat, Senior Counsel with G.S. Kulkarni and P.J. Thorat i/b Mrs. M.G. Kulkarni, Advocates.

Judgment :-

A.M. KHANWILKAR, J.

1. Heard counsel for the parties.

2. Rule. Rule made returnable forthwith, by consent. Mr. Nargolkar waives notice for Respondent Nos.1 and 2. Mrs. Kulkarni waives notice for Respondent Nos. 3 and 4.

3. As short question is involved, Petition is taken up for final disposal forthwith, by consent.

4. By this Writ Petition under Article 226 of the Constitution of India, the Petitioner prays for issuance of writ of quo-warranto and/or mandamus to quash and set-aside the appointment of Respondent No.4 as Vice-Chancellor of Respondent No.3 – University of Pune (hereinafter referred to as “the University” for the sake of brevity).

5. Briefly stated, on account of the resignation of the then Vice-Chancellor Dr.Narendra Jadhav, the post of Vice-Chancellor of the University of Pune had fallen vacant on 16.6.2009. The Governor of Maharashtra and the Chancellor of University of Pune accordingly constituted a Search Committee as contemplated by Section 12(1)(a) of the Maharashtra Universities Act, 1994 (hereinafter referred to as “ the said Act, 1994” for the sake of brevity). The Search Committee consisted of men of repute and learning in their field, namely, (








































































































































































































































































































































































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