IMPORTANT POINT
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 comply with the prescribed qualifications.

JUDGMENT/ORDER

1. By the present petition, the petitioner is challenging the order dtd. 16/3/2019 passed by the respondent no.1 - Hon'ble Chancellor directing the respondent no.3 - Vice Chancellor, Kaviyatri Bahinabai Chaudhari North Maharashtra University, Umavi nagar, Jalgaon to terminate the services of the petitioner on the post of Associate Professor in the subject of Mass Communication and Journalism and also consequential order dtd. 20/3/2019 issued by the respondent no. 3 - Vice Chancellor, thereby terminating the services of the petitioner to the post of Associate Professor with effect from 20/4/2019.

2. Brief facts leading to filing of the petition can be summarized are as under :

<WXY>i] The respondent no. 2 - University published advertisement on 4/10/2012 in the daily news papers, namely, Indian Express, Dainik Samrat, Dainik Punya Nagari, Dainik Divya Marathi etc. and also on the website of the University, thereby calling upon the applications for various posts including the post of Associate Professor from Open Category in the Department of Mass Communication and Journalism. In the said advertisement, the following qualification was prescribed for the post of Associate Professor in the Department of Mass Communication and Journalism :

i. Good academic record with Ph.D. degree in the concerned / allied / relevant disciplines.

ii. A Masters Degree with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed).

iii. A minimum of 8 years of experience of teaching and or research in an academic research position equivalent to that of Assistant Professor in a university, college or accredited research institution / industry excluding the period of Ph.D. research with evidence of published work and a minimum of 5 publications as books and/or research/policy paper.

iv. Contribution to educational innovation, design of new curricular and courses, and technology mediated teaching learning process with evidence of having guided Doctoral candidates and research students. v. A minimum score as stipulated in the Academic Performance Indicator (API) based Performance Based Appraisal System (PBAS), set out in the UGC Regulations, appendix III dtd. 30/6/2010.

ii] Pursuant to the said advertisement, the respondent no.2 received the applications for the post of Associate Professor in the Department of Mass Communication and Journalism, NMU, Jalgaon of three candidates viz. Dr. Tukaram Vitthal Daud [petitioner], Dr.Vishaka Murlidhar Garkhedkar and Dr.Sudhir Bhagwan Bhatkar [respondent no.4]. On scrutiny of the applications, Dr.Vishaka Murlidhar Garkhedkar and Dr.Sudhir Bhagwan Bhatkar were not found ineligible and the petitioner was the only candidates found eligible. The case of the petitioner was considered by the duly constituted Selection Committee under Sec. 76 of the Maharashtra Universities Act, 1994 [for short 'the 1994 Act']. The said Selection Committee recommended the name of the petitioner, and accordingly, the petitioner was appointed on 17/12/2012 on probation period of 2 years in the Department of Mass Communication and Journalism. The said appointment was, thereafter, confirmed on 14/7/2015. iii] Dr. Sudhir Bhagwan Bhatkar i.e. respondent no.4 challenged the appointment of the petitioner on the post of Associate Professor before the Hon'ble High Court of Bombay Bench at Aurangabad by filing a Writ Petition No.11467/2014. This Court, while hearing the above Writ Petition, passed the order dtd. 16/12/2014 observing that there is an alternate remedy provided under sub-sec. (7) of Sec. 76 of the 1994 Act and the said Writ Petition was disposed of, with liberty to the petitioner therein to file appropriate proceeding under Sec. 76 (7) of the 1994 Act before the Hon'ble Chancellor.

iv] The respondent no.4, thereafter, filed a representation under Sec. 76 [7] of the Act of 1994 before the Hon'ble Chancellor on 22/12/2014. The Hon'ble Chancellor, vide letter / order dtd. 13/1/2015, directed