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1978 Supreme(Bom) 15

DESHMUKH, PENDSE
Malini Ganesh Tarlekar – Appellant
Versus
Hansraj Madhavrao Patil – Respondent


Advocates:
C.R. Dalvi with K.Y. Mandlik, for Petitioners; M.A. Rane (For No. 1) and R.S. Bhonsale with Mrs. V.R Bhonsale, (for Nos. 2 to 4), for Opponents.

Judgement

DESHMUKH, J. :- This is a petition by 8 academicians addressed against respondent No. 1 principally for a writ of quo warranto. According to them respondent No. 1 ceases to be a teacher an the Poona University from 4th of Dec. 1976 or at any rate from 15th of March 1977 and thereafter he has no right to hold any office under the University, which was available to him because he was a teacher in a College. That is how they question his membership of the Board of Studies, Academic Council and the Executive Council of the Poona University.

2. In order to understand the dispute and the defences raised, a few facts may be stated : The petitioners have described their status as persons occupying same elected offices in the academic world. It is not necessary to point out those qualifications as they are not strictly relevant for the purpose of disposing of the dispute.

3. Respondent No. 1 was a teacher in the new Law College, Ahmednagar, when he was elected as a member of the Board of Studies of Poona University in April of 1975. Respondent No. 2 is the University itself. Respondent No. 3 is the Registrar of the University and respondent No. 4 is the Vice-Chancellor.

4. Respondent



















































































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