SHANKAR Vs. HONBLE CHANCELLOR, BABASAHEB AMBEDKAR MARATHWADA UNIVERSITY, AURANGABAD, RAJ BHAVAN, MALABAR HILL, MUMBAI
LAWS(BOM)-2020-10-63
HIGH COURT OF BOMBAY
Decided on October 14,2020

SHANKAR Appellant
VERSUS
Honble Chancellor, Babasaheb Ambedkar Marathwada University, Aurangabad, Raj Bhavan, Malabar Hill, Mumbai Respondents

JUDGEMENT

Mangesh S Patil,J. - (1.) Heard.
(2.) Rule. The Rule is made returnable forthwith. Learned Advocates for the respondents waive service. With the consent of both the sides these petitions are heard finally and are being disposed of by this common judgment.
(3.) The petitioner is a Professor and Head of Department in Economics subject in Smt. Dankunwar Mahila Mahavidyalaya, Jalna, possessing MA(Economics), M. Phil and Ph.D qualification having vast experience of teaching, having research projects to his credit and also works as a guide for the Ph.D. students and has authored few publications. He was nominated as a member of the Board of Studies (Economics) of respondent No. 2 / University by virtue of the provisions of Section 40 (2) (b) (ii) of the Maharashtra Public Universities Act, 2016 ( herein after the 'Act'). He was subsequently elected as the Chairman of the Board of Studies (Economics). Being aggrieved and dissatisfied by his such nomination, respondent Nos. 3 in both these petitions made a representation to the respondent No. 1 who is the Hon'ble Chancellor of the University, under Section 140 of the Act. By separate orders of the same date i.e. 01.09.2019, respondent No. 1 held that petitioner's nomination to the Board of Studies (Economics) was not in accordance with the provisions of the Act and was void ab initio. Though separate orders were passed by the respondent No. 1 on the same date, the reasons and the grounds for coming to the conclusion being same, though the petitioner has challenged these orders by separate Writ Petitions, these are being disposed of by this common judgment.;


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