LAWS(BOM)-2014-9-144

PRAMOD Vs. THE STATE OF MAHARASHTRA

Decided On September 12, 2014
PRAMOD Appellant
V/S
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. The petition is heard finally with the consent of the parties.

(2.) THE petitioner was initially appointed as an Assistant Lecturer in the Department of Civil Engineering in the Polytechnic Institution run by the respondent no. 4 on 30.7.1977. This was after adopting due procedure for selection and appointment. The petitioner was subsequently appointed as a Lecturer (Selection Grade) with effect from 1.4.1993 and worked as the Project Officer, Community Polytechnic, Amravati from 4.2.2000 till 30.7.2007. According to the petitioner, the post of Project Officer is equivalent to the post of Head of Department. The petitioner also worked as the in -charge Head of Department of Civil Engineering from 8.8.2005 to 13.2.2008.

(3.) THE petitioner filed yet another Writ Petition No. 4235/2009 challenging the advertisement and seeking appointment as the Principal. By an interim order therein, the respondent no. 4 -Society was restrained from allowing the selected candidate to join as the Principal. The contention of the respondent no. 4 -Society was that the petitioner was not having the required qualification and sought permission under Rule 3 (5) of the Rules for issuing fresh advertisement. Writ Petition No. 4235/2009 was allowed by a judgment and order dated 29.7.2010 permitting the respondent no. 4 -Society to approach the respondent no. 2 -Director seeking permission to issue fresh advertisement and also permitting the petitioner to make a representation to the Director, substantiating his claim, for the post of Principal.