S.C. Dharmadhikari, J.

1 These Writ Petitions were to be heard finally at the admission stage and therefore, with consent of parties, we proceed to issue Rule on each of these petitions. With their further consent, we dispose them of finally by this common judgment.

2 These Writ Petitions under Articles 226 of the Constitution of India question the order dated 16.12.2011 passed by the Chancellor of Dr.Panjabrao Deshmukh Krishi Vidyapeeth (for short “PDKV”), pursuant to which the appointment of each of the Petitioners either as Senior Research Assistant (for short “SRA”) or Junior Research Assistant (for short “JRA”) stands cancelled.

3 Mr. Manohar, learned Senior Counsel appearing on behalf of the Petitioners requested us to refer to the facts in Writ Petition No. 238/2012. Accordingly, it would be advantageous to refer to these facts to appreciate the challenge raised.

4 It is common ground that the PDKV is an Agricultural University and therefore, governed by the Maharashtra Agricultural Universities (Krishi Vidyapeeths) Act, 1983 (for short “the said Act”) and the Statutes thereunder. The Respondent No.2 is the Honourable Governor of Maharashtra and the Chancellor of PDKV. The Respondent No.3 is the Vice Chancellor of PDKV.

5 Prior to the cancellation order, what transpired is that the PDKV was desirous of filling up various posts of JRAs and SRAs and therefore, had published an advertisement dated 14.08.2004 in a daily newspaper “Hitavada” dated 15.08.2004 thereby calling for applications from the candidates, who were interested in being appointed on the said posts. Annexure-A is the copy of the said advertisement. Thereafter, an addendum was issued by the Respondent No.1 dated 06.09.2004, thereby permitting the candidates from the Agricultural Engineering Faculty to apply for being appointed on the post of JRA and SRA. Annexure B to the Petition is a copy of addendum dated 06.09.2004.

6 It is stated that as per the said advertisement dated 14.08.2004, a candidate, in order to be eligible for appointed on the post of JRA, should have a basic qualification of Bachelor's Degree in the respective faculty and for being appointed on the post of SRA, a candidate was required to have a basic qualification of Master's Degree in the respective subject or Bachelor's Degree in First Class with distinction or Second Class Bachelor's Degree with three years experience as JRA. The said eligibility criteria, mentioned in the advertisement dated 14.08.2004, for being appointed on the posts of JRA and SRA, was also in consonance with the provisions of the Maharashtra Agricultural Universities (Krishi Vidyapeeths) Statutes, 1990 (for short “the said Statutes”).

7 It is stated that based on the educational qualifications, acquired by them, the Petitioners had applied for being appointed on the posts of JRAs and SRAs pursuant to the advertisement dated 14.08.2004 and were called for interview by a communication issued by the Deputy Registrar of PDKV. The Selection Committee constituted by the Respondent Nos.1 and 3, after taking into consideration the educational qualifications as well as the performance of the Petitioners at the time of the interviews, had prepared a selection list and had forwarded the same to the Respondent No.3/ Vice Chancellor. Annexure-C to the petition is a chart showing the educational qualifications and other details of the Petitioners. It is stated that few of the Petitioners i.e. 8 SRAs and 3 JRAs, after their appointments, have also acquired the higher qualification of Ph.D. Degrees in various subjects. The Selection Committee, constituted by the Respondent Nos.1 and 3 for making appointment on the posts of JRAs and SRAs, had recommended the name of the Petitioners for being appointed on the said posts, taking into consideration their entitlement for being appointed on the said posts and finding them to be most eligible and competent for the same.

8 It is then stated that the Respondent No.3 after