A. M. DHAVALE, J.

Rule. Rule made returnable forthwith. Heard finally with the consent of the parties and taken up for final disposal at the stage of admission.

2. The petitioners seek quashing of communications of respondent No.3 – Mahatma Phule Krishi Vidyapeeth, Rahuri (hereinafter referred to as “MPKV, Rahuri”) dt. 05.12.2016 and Government Letter dt. 22.06.2016, whereby the petitioners were held to be ineligible for promotion to the post of Jr. Research Assistant. Petitioners No. 1 to 49 are holding Bachelor's Degrees in Agriculture or Horticulture awarded by the Yashwantrao Chavan Open University (hereinafter referred to as “YCMOU”), Nashik and are working as Agriculture Assistants with respondent No. 3 - MPKV, Rahuri. Whereas; petitioners No. 60 to 62 are studying degree course in the Open University. The impugned communications held that the employees possessing degree of B.Sc. Agriculture and Horticulture from Open University will not be considered for promotional post of Jr. Research Assistant being academic post. The petitioners claim a declaration that, B.Sc. Agriculture Degree of Open University is equivalent to the degree obtained from any Traditional Agriculture University and seek mandamus for direction to the respondents to consider the same as equivalent for appointments to the post of Junior Research Assistant and Senior Research Assistant.

3. Mr. N. B. Khandare, the learned counsel for the petitioners relied on Government Resolutions dt. 24.10.2000 (P.110), 29.09.2006 (P.112) and 23.08.2011 (P.119) and the resolutions passed by Maharashtra Agriculture Eduction and Research Council (MAERC) dt. 25.07.2011 and 07.06.2014 to submit that, the Government as well as the MAERC have given equivalence to the degrees of open university. The Government Resolutions relied on by the respondents giving equivalence but making distinction in respect of academic posts are anomalous and cannot be implemented. The post of Junior Research Assistant is not academic post. The University Grants Commission (UGC) and the YCMOU have consistently taken a stand in support of equivalence. The same was binding on the Government and the letter dt, 22.06.2016 issued by Dy. Secretary will not override the Government Resolutions. The respondent No. 3 is creating artificial classification which is violative of Articles 14 and 16 of the Constitution.

4. Per contra, Mr Abhay Ostwal, the learned counsel for respondents No. 5 to 16, Shri. P. L. Shahane for respondent No. 3, Mr Mane, learned counsel for respondent No. 4 and Mrs M. A. Deshpande, the learned Asst. Government Pleader for respondents No. 1 and 2 supported the impugned communication and argued that, there is consistent policy of not considering the degree of B.Sc. agriculture from Open University as equivalent to B.Sc. agriculture from general agriculture universities in view of the material difference in the course and curriculum contents and absence of any practical training in the open universities. Besides, there was difference of medium of communication. Open Universities teach agriculture in Marathi medium whereas the conventional Universities teach subjects in English which is essential knowledge for the promotional posts of Jr. Research Assistant. They pointed out the provisions showing the post of Jr. Research Assistant as academic post and there are decisions of the Government as well as Executive Council of Agriculture Universities Council, that B.Sc. Agriculture from Open University is not equivalent with the same degree of Traditional Agriculture Universities. They argued that, the authority to decide this point in respect of appointments and promotions of the employees is with the employer and respondent No. 3 as employer has taken a decision based on the consistent stand of the Government and several other institutions and therefore no interference is called for. The learned counsel for the respective parties have relied on rulings and documents which will be discu