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2012 Supreme(Bom) 981

MOHIT S.SHAH, N.M.JAMDAR
Suresh Patilkhede – Appellant
Versus
Chancellor, University of Maharashtra – Respondent


Advocates Appeared:
Mr. A.V. ANTURKAR along with Mr. PANKAJ KOWLI i/b V.B. TIWARI & CO. for the Petitioner.
Mr. DARIUS KHAMBATA, Advocate-General, with Mr. D.A. NALAWADE, Government Pleader and Mrs. ANJALI HELEKAR for Respondent Nos. l, 2 and & 7.
Mr. GIRISH KULKARNI with Ms. SWATI DESHMUKH for Respondent Nos. 3 and 4.
Mr. RUI RODRIQUES for Respondent No. 8.

JUDGMENT

MOHIT S. SHAH. C.J.

This Public Interest Litigation raises interesting questions about the role of University Grants Commission (UGC) in appointment of Vice Chancellor of a University governed by the provisions of the Maharashtra Universities Act, 1994 (‘MU Act’).

2. The petitioner has challenged the appointment of Search Committee for recommending the panel of suitable persons for selection of the Vice Chancellor of Pune University on the ground that the appointment of the Search Committee by the Chancellor in accordance with the provisions of Section 12 of MU Act is not in conformity with the provisions of Regulation 7.3.0 of the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Stiff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2010 ("the UGC Regulations, 2010") made under the University Grants Commission Act, 1956 ("the UGC Act").

3. The Chancellor of Pune University (Governor of Maharashtra) formed a three member Search Committee comprising

(i) Mr. Justice Mukul Mudgal (Retired), Former Chief Justice of Punjab & Haryana High Court (Chairman),

(ii) Dr. R.S. Des














































































































































































































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