N.W. Sambre, J.

1. Rule. Rule made returnable forthwith and by consent, Rule is heard finally.

2. By way of instant petition under Article 226 of the Constitution of India, the petitioner has mainly prayed for the following reliefs:-

“(B) By issuing a writ of certiorari, or any other appropriate writ, order or direction in the like nature, the impugned communication dated 18.10.2014, issued by the respondent No.3 Registrar, cancelling the membership of the petitioner as member of the Academic Council and Management Council of respondent No.1 Dr. Babasaheb Ambedkar Marathwada University, Aurangabad, may be quashed and set aside.

(C) It be held and declared that the petitioner, being teacher, having 16 years teaching experience, is member of the Academic Council and Management Council of the respondent No.1 Dr. Babasaheb Ambedkar Marathwada University, Aurangabad.”

3. By the impugned communication dated 18th October, 2014, issued by respondent no.3 – University incorporated under section 3 the Maharashtra Universities Act, 1994 (hereinafter referred to as the “Act”, for the sake of brevity), it was informed to the petitioner that her co-option on the academic council, in accordance with the provisions of section 29 (2) (h) of the Act and pursuant thereto election on the management council in view of provisions of section 27 (1) (n) of the said Act, stands cancelled as she was appointed as University Teacher (Associate Professor) in the Department of English and as such there is change in appointing authority.

4. The facts, as are relevant for the purpose of consideration of the issue raised in the present petition, are as under:-

The petitioner herein claims that she was holding appropriate qualification required for the post of Lecturer and was appointed by Marathwada Shikshan Prasarak Mandal as a Lecturer by an order dated 8th March, 1994. She further claims that the said appointment was continued from time to time and by an order dated 2nd April, 2009, issued by the said management, the petitioner was placed in the selection grade in Reader's category, with effect from 2nd August, 2008.

5. The petitioner was issued another communication by the said management on 8th April, 2009 intimating her that with effect from 2nd August, 2003, she was placed in the pay scale of Rs.12,000-18,300, i.e. selection grade.

6. The petitioner having gained 16 years teaching experience was qualified to be co-opted under the provisions of section 29 (2) (h) of the Act, as a member of the academic council and was accordingly co-opted, as is apparent from the communication dated 6th September, 2011. The term of the said co-option as a member of the academic council is to be governed by the provisions of sections 43 and 44 of the Act.

7. Vide further communication dated 22nd November, 2011, the petitioner was informed by the respondent university that she was declared elected as a member of the Management Council under provisions of section 27 (1) (n), which term was also governed by the provisions of sections 42, 43 and 44 of the Act.

8. In response to the application made by the petitioner for selection and appointment to the post of Associate Professor, the respondent university, by an order dated 14th August, 2013, selected and appointed her on the post of Associate Professor in the subject of English.

9. However, the petitioner was surprised to receive impugned communication dated 18th October, 2014, whereby she was informed that her membership to the Academic Council and Management Council, stands cancelled in view of the change in the appointing authority as she has become an University Teacher and not a Teacher in ordinary course. As such, present petition.

10. Learned Counsel appearing on behalf of the petitioner, while questioning the legality and validity of the impugned communication would urge that the initial co-option of the petitioner to the Academic Council as is communicated to her vide letter dated 6th September, 2011 was in accordan