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2020 Supreme(Bom) 47

S.C.DHARMADHIKARI, R.I.CHAGLA
Uttam R. Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: R.J. Dhond, Gangadhar Janardan Sabnis, Advs.
For the Respondents:N.M. Mehra, Assistant Government Pleader, Rui Rodrigues, Railkar Saurabh Madhusudan, Advocates, Pallavi R. Naik (Law Officer), Department of Higher Technical Education.

JUDGMENT :

R.I. Chagla, J.

1. Rule. Rule made returnable forthwith. Heard by consent.

2. This Petition has been filed under Article 226 and 227 of the Constitution of India seeking a direction against Respondent No.3 to accord regular approval with effect from 1st July, 1992 for the appointment of the Petitioner as full time lecturer in Marathi in N.K. Varadkar Art and R.V. Belose Commerce College, Dapoli, Dist. Ratnagiri (for short “the said College”).

3. The Petitioner has been working in the post of lecturer in Marathi in the said College since 1st July, 1992. The Respondent No.1 is the State of Maharashtra. Respondent No.2 is University of Mumbai through the Registrar, duly established under the provisions of Maharashtra Universities Act, 1994. Respondent No.3 is the Joint Director of Higher Education, who exercises overall control over the financial matters of the affiliated colleges in Mumbai, University area, in which the said college is situated. Respondent No.4 is the said college duly affiliated to the Mumbai University under the provision of Maharashtra Universities Act, 1994.

4. The Petitioner had been selected for the post of lecturer in Marathi in the said college after in

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