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 petition was heard by this Court (Coram : Nitin Jamdar and Anil L. Pansare, JJ.) and passed a detailed order. The Court dealt with the submissions advanced by the learned advocates for the parties and made certain observations in the order. This Court directed the concerned to place the matter before the Hon'ble Chancellor for further course of action. This Court in view of the candid observations made in the order, dated 22.04.2022 made a request to the Hon'ble Chancellor to have a relook at the impugned order and decide as to whether its enforcement is necessary as on today. The relevant facts, the questions raised and prima facie consideration of the same can be gathered by reproducing the said order. The order dated 22.04.2022 reads thus :-

''Having heard the learned counsel for the parties at length and considering the facts and circumstances of the case we are of the opinion that this matter needs to be placed before the Hon'ble Chancellor for reconsideration of the impugned order passed by the Hon'ble Chancellor on 10 July 2000.

2. The factual backdrop of the case and the reasons why we intend to follow this course of action are as under.

3. The Respondent no.2-Amravati University issued an advertisement on 26 April 1996 for one post of Lecturer in the subject of Molecular Biology in the Department of Bio-Technology. The Petitioner applied and the Petitioner was interviewed by the selection committee of the Respondent no.2-University constituted under Section 76 of the MAHARASHTRA UNIVERSITIES ACT , 1994 (for short, 'the Act of 1994') on 7 December 1996 and the Petitioner was appointed on 7 December 1996 itself. The Respondent no.3 had also applied pursuant to the advertisement and was interviewed. The Respondent no.3 was not selected and therefore filed a Writ Petition No.1138 of 1998 which was disposed of on 22 October 1999 whereupon the Hon'ble Chancellor was requested to decide the representation of the Respondent no.3. The Respondent no.1-Hon'ble Chancellor passed the impugned order holding that the Petitioner had not passed the requisite examination of NET-SET conducted by the University Grants Commission or the State Government at the time of selection and therefore the Petitioner should be terminated from service. The present writ petition was filed on 25 July 2000.

4. On 9 2000. Thereafter the Petitioner was promoted to the post of Reader by the Respondent no.2-University on 23 January 2009.

5. In the meanwhile the Respondent no.3 was appointed as a Lecturer/Assistant Professor on 17 June 2010. We are informed that the Respondent no.3 is also likely to be promoted as a Reader soon.

6. As regards the advertisement for the post of Lecturer is concerned, it was stated that the candidate who has cleared the Eligibility Test for Lecturers conducted