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2018 Supreme(Bom) 667

S.V.GANGAPURWALA, A.M.DHAVALE
Kishor S/o Punjahari Bhakre – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:Mr. N. B. Khandare, Advocate h/f Mr. R. R. Karpe, Advocate
For the Respondents:Mrs. M. A. Deshpande, AGP., Mr. P. L. Shahane, Advocate, Mr. R. R. Mane, Advocate
For the Intervenor :Mr. Abhay Ostwal, Advocate

JUDGMENT :

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 Agricult































































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