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SUNIL B. SHUKRE, G. A. SANAP
Prashant S/o Vinayak Thakare – Appellant
Versus
Honourable Chancellor, Amravati University (his Excellency – Respondent
| Table of Content |
|---|
| 1. writ petition challenging termination order. (Para 1 , 2) |
| 2. facts surrounding the appointment and qualifications of parties. (Para 3 , 6) |
| 3. the role of the chancellor in appointment matters. (Para 4 , 5) |
| 4. arguments regarding the cut-off date for qualifications. (Para 7 , 8) |
| 5. discussion on the promotions and status of the parties. (Para 9 , 10) |
| 6. court's reflections on eligibility and past decisions. (Para 11 , 12 , 13) |
| 7. final decision and orders regarding the writ petition. (Para 15 , 16) |
JUDGMENT
G.A.Sanap, J. - In this petition, the petitioner is seeking writ of certiorari to quash and set aside the order dated 10.07.2000, passed by the respondent no.1 - Hon'ble Chancellor, Amravati University, Amravati directing respondent no.2 - Vice Chancellor, Amravati University, Amravati to terminate the appointment of the petitioner as a Lecturer in Molecular Biology in the Department of Bio Technology of Amravati University and other consequential reliefs.
2. This Court (Coram : D.K. Deshmukh and S.K.Shah, JJ), on 01.08.2000, issued Rule in the matter with a direction to the parties to maintain status-quo vis-a-vis employment of the petitioner. On 22.04.2022, the petiti
Judgment affirms the necessity of due process in employment, emphasizing that failure to provide a hearing before termination violates natural justice. UGC regulations' retrospective application prot....
The Selection Committee cannot alter the essential qualifications for a position once the selection process has commenced, and the Chancellor has the authority to terminate appointments that do not c....
It is in interest of University that all doubts regarding appointment of teachers are raised within a period of three months to have an early decision by Chancellor to give quietus to disputes in Uni....
The continuous advertisement of a reserved post for a specified period without a response from reserved category candidates entitles the appointed candidate to de-reservation and service benefits as ....
Qualifications for lecturer appointments must be met at the time of appointment, and later-acquired qualifications do not retroactively qualify an individual.
The principles of natural justice necessitate a hearing prior to adverse administrative decisions impacting employment continuity, particularly when previous performance has been approved.
Point of Law : Probation appointment - Appointment of the petitioner was not made on the said post of lecturer after following the requisite procedure under Statute 417 framed by the University.
Appointment – Parameters to be applied to a case where an incumbent to a post does not fulfil qualifications prescribed for a post, are different from parameters to be applied to a case where no spec....
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