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2024 Supreme(Bom) 780

MANGESH S. PATIL, SHAILESH P. BRAHME
Amol S/o Ashokrao Zalte – Appellant
Versus
State of Maharashtra through its Secretary, Higher and Technical Education Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri S. R. Barlinge, Advocate
For the Respondent:Mrs. S. S. Joshi, A.G.P., Shri S. S. Thombre, Advocate, Shri A. S. Deshpande, Advocate, Shri R. A. Joshi, Advocate

JUDGMENT :

Shailesh P. Brahme, J.

Rule. Rule is made returnable forthwith. Heard both the sides finally with their consent at the admission stage.

2. The petitioner who is working as a lecturer in the respondent No. 4 - college is seeking direction for granting him temporary approval for the period preceding to acquisition of M. Phil. degree and permanent approval from acquisition of M. Phil. He is also seeking disbursement of salary as per the Government Resolution dated 04 April, 2012.

3. The respondent No. 4 – Science college is affiliated to the respondent No. 3 - university and is run by the respondent No. 6- educational institution. The petitioner and respondent No. 5 are the employees of respondent No. 6. By letter dated 08.07.2003 issued by the respondent No. 3 - university addressed to respondent No. 4 – college, permission was granted to fill in various posts comprising of thirteen posts of lecturers in the subject of Computer Science on non grant basis. Later on vide Government Resolution dated 04.04.2012, four posts of Computer Science were brought on grant in aid basis.

4. We are called upon to determine as to whether the petitioner was having requisite qualification when h

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