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2020 Supreme(Bom) 299

Z.A.HAQ, MANISH PITALE
Suresh S/o Bhagwanji Rewatkar – Appellant
Versus
University Grants Commission, Bahadurshah Zafar Marg, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S.P. Bhandarkar
For the Respondent:Mr. A.S. Agrawal, Ms. Tajwar Khan, AGP, Mr. Sandeep Marathe, Advocate

JUDGMENT :

MANISH PITALE, J.

By these two writs petitions, the petitioners have challenged the Constitutional validity of Clause 5.1.6(d) of the University Grants Commission Regulations on minimum qualifications for appointments of teachers and other academic staff in the Universities and Colleges and measures for Maintenance of Standards in Higher Education, 2010. The petitioners have prayed for striking down of the said Clause as being arbitrary and hence, violative of Article 14 of the Constitution of India. It is the case of the petitioners that introduction of the said Clause and its subsequent amendment has the result of converting permanent post of Principal of a College to a tenure post of 5 years and up to a maximum of 10 years, as opposed to the earlier position, whereby a Principal once appointed could continue on the said post, till attaining age of superannuation i.e. 62 years. According to the petitioners, introduction of the said Clause is not only arbitrary, but, it has no rational nexus to the purported objective of improving the standards of higher education and administration of Colleges.

2. The petitioners were appointed as Principals in various Colleges between th

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