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2020 Supreme(Bom) 303

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
A.S. CHANDURKAR, VINAY JOSHI, JJ.
Dr. Amrapali W/o Atul Akhare – Petitioner
Versus
Dr. Panjabrao Deshmukh Krishi Vidyapeeth – Respondent
Writ Petition Nos. 2444, 2471, 2806 of 2019
Decided On : 27-02-2020

Advocates:
Advocate Appeared:
For the Petitioner: Shri A.C. Dharmadhikari.
For the Respondents: Shri Abhay Sambre, Shri S.S. Shingane.

Headnote:

Maharashtra Agricultural Universities Act, 1983 - Sections 31, 33, 34, 37, 38, 39, 28 - University - Promotion - University issued a notification inviting proposals from eligible candidates for effecting promotions to post of Associate Professor - That notification referred to an earlier letter issued by University - In notification it was stated that last date for submission of proposals - By said notification Scrutiny and Assessment Committee for considering respective candidatures for promotion was constituted - Registrar of University issued a communication to all concerned Assistant Professors that on scrutiny of said proposals Committee had found that majority of proposals did not provide evidence to establish eligibility as per Agricultural Universities Statutes and especially Statute - Held, We may however clarify that we do not intend to examine respective merits of petitioners in comparison to promoted respondents - That would not be our province - But having found that Selection Board/University has proceeded to grant promotions on posts of Associate Professor firstly by modifying criteria that was prevailing when vacancies were in existence as well as on last date of submission of proposals promotions as made stand vitiated - Similarly as resolution passed by Executive Council has effect of amending relevant Statutes especially Statutes but which exercise has been done without complying with procedure prescribed criteria adopted by Selection Board based on that resolution is also faulty - It is also stipulated therein that if any incumbent is wrongly superceded promotee would be reverted to his original post challenge to orders of promotion qua promoted respondents will therefore have to be upheld - Order accordingly.

JUDGMENT :

1. Since common challenges are raised in all these writ petitions, they are heard together by issuing RULE and making it returnable forthwith.

2. Each petitioner is aggrieved by the orders of promotion issued thereby promoting Assistant Professors to the post of Associate Professors by Dr. Panjabrao Deshmukh Krishi Vidyapeeth, Akola (for short ‘the University’). In Writ Petition No. 2444 of 2019, the respondent nos. 2 to 5 have been promoted on the post of Associate Professor in the subject of Agricultural Botany. In Writ Petition No. 2471 of 2019, the respondent nos. 4 to 10 have been promoted on the post of Associate Professor in the subject of Agronomy and in Writ Petition No. 2806 of 2019, the respondent nos. 2 and 3 have been promoted on the post of Associate Professor in the subject of Agricultural Economics.

3. On 16.11.2017, the University issued a notification inviting proposals from eligible candidates for effecting promotions to the post of Associate Professor. That notification referred to an earlier letter issued by the University dated 17.10.2017. In the notification it was stated that the last date for submission of proposals was 06.11.2017. By the said notification, the Scrutiny and Assessment Committee for considering the respective candidatures for promotion was constituted. On 18.01.2018, the Registrar of the University issued a communication to all the concerned Assistant Professors that on scrutiny of the said proposals the Committee had found that majority of the proposals did not provide evidence to establish eligibility as per the Maharashtra Agricultural Universities Statutes, 1990 (for short ‘the Statute’) and especially Statute 73. The candidates were thus requested to submit relevant documents to establish their eligibility by 20.01.2018. In the meanwhile, on 25.01.2018 in view of the fact that the process of promotion was underway, the Vice Chancellor of the University issued orders of temporary promotion thereby promoting various Assistant Professors to the post of Associate Professor on ad-hoc basis for a period of eleven months. Thereafter on 21.12.2018 this period of eleven months was further extended for a period of one month under the emergency powers of the Vice Chancellor. The extended period was till 24.01.2019.

4. On 03.01.2019, a special meeting of the Academic Council was held. Subject No. 12/2019 pertained to the modalities in the matter of effecting promotions on the post of Associate Professor especially in the light of Statute 75 of the Statutes. Resolution No. 10/2019 was accordingly passed in which it was stated that Statute 75 permitted modifications to be made in the manner in which the Selection Committee had to discharge its functions. Reference was made to an earlier meeting held under the Chairmanship of the Director, Higher Education on 27.11.2018 in which it was decided that for effecting promotions to the posts of Assistant Professor and Associate Professor the seniority of the candidates and minimum educational qualification as prescribed by Statute 73 (Schedule III) alongwith the Academic Performance Index (API) points obtained under the Performance Based Appraisal System (PBAS) and confidential reports should be taken into consideration. Similarly, the candidature of eligible candidates in the ratio of 1:2 instead of the earlier ratio of 1:5 was resolved to be taken into consideration after revoking the earlier decision. If no eligible candidate was available by applying the ratio of 1:2 then the candidates were to be considered on the basis of their seniority. This procedure was adopted and the proposal was forwarded to the Executive Council for its acceptance.

5. Thereafter on 07.01.2019, the meeting of the Executive Council of the University was held. Subject No. 28/2019 pertained to deciding the manner in which the Selection Committee under Statute 75 wou

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