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2013 Supreme(Bom) 1450

A.H.JOSHI, SUNIL P.DESHMUKH
Ashs Ramdas Bidkar – Appellant
Versus
State of Maharashtra Through Principal Secretary, Higher Education Department – Respondent


Advocates Appeared:
For the Petitioners:Pradeep Deshmukh, Advocate.
For the Respondents:R1 to R3, K.G. Patil, AGP, R4, K.M. Suryawanshi, R5, Alok Sharma, Standing Counsel, R6 & R7, Smt. Sudha Kulthe, Advocates.

JUDGMENT

Oral Judgment: [A.H. Joshi, J.]

1. The petitioners are working as Assistant Professors in the senior colleges run by Balaghat Shikshan Sanstha, Naldurg, Tq. Tuljapur, Dist. Osmanabad. The petitioner Nos. 1 to 19 are working in Yeshwantrao Chavan Mahavidyalaya, Tuljapur, against clear, permanent vacancies. The petitioner nos. 20 and 21 are appointed against clear and permanent vacancies in Arts, Science & Commerce College, Naldurg, Tq. Tuljapur, Dist. Osmanabad. All the petitioners have been appointed after following the procedure laid down under the Statutes framed by the University.

2. The petitioners possessed all required qualifications except the qualification of passing the National Eligibility Test and State Eligibility Test (hereinafter referred to as, 'NET/SET') prescribed from the year 1991 by the UGC. Therefore, petitioners were treated by University as well as by the respondent Nos. 2 and 3, as ad-hoc professors, and approval to their appointments were therefore granted as adhoc appointees.

3. In the background that the petitioners did not possess qualification of NET/SET, they continued to be appointed on adhoc basis, and the approval on said ad-hoc basis too wa
























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