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SUNIL B. SHUKRE, V. V. JOSHI
Sunil – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
SUNIL B.SHUKRE, J. - Heard.
2. Leave to file on record a Pursis marked as document-A along with three documents marked as documents-A1, A2 and A3 is granted and copies of Pursis and documents be furnished to learned AGP forthwith.
3. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties.
4. The petitioner is an Associate Professor working with Superspeciality Hospital, Government Medical College, Nagpur. The petitioner, in response to the advertisement No.008/2021, inviting applications from the eligible Associate Professors in Cardiology for their selection and appointment as Professor in Cardiology, made an application for that post. Along with his application, the petitioner had enclosed all the necessary documents including copies of paper publications and letters showing dates of acceptance of those research papers which were sent by the petitioner for their publication in the prescribed journal. During scrutiny of the application, the petitioner, however, was found to be ineligible to take part in the selection and appointment process. The decision of the MPSC holding the petitioner "ineligible" for the post of Professor
The central legal point established in the judgment is the interpretation and application of the UGC Regulation, 2018, particularly regarding the eligibility criteria for the post of Associate Profes....
Actual publication of an article is required to qualify for marks in selection processes, as mere acceptance does not suffice.
Eligibility for appointment must be assessed based on qualifications held by the application deadline, and misrepresentation disqualifies candidates from consideration.
The Tribunals and Courts have limited jurisdiction under judicial review to interfere with the merit and selection lists prepared by expert bodies unless there is clear evidence of mala fide, bias, o....
Eligibility criteria for recruitment must be strictly enforced as of the application deadline, and any relaxation must be explicitly stated in the recruitment notification.
The central legal point established in the judgment is the requirement for candidates to comply with the submission of required documents as per the notice, and the court's reluctance to intervene in....
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