1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6804 OF 2009 The Shivaji University, Kolhapur .. Petitioner Vs Namdev Mahadev Naik and Ors .. Respondents Shri. R.S. Khadapkar for the petitioner Shri. M.S. Topkar for respondent nos. 1 to 13 Shri.A.B. Vggani, AGP for respondent no. 14 CORAM : Smt. V.K. TAHILRAMANI, J. DATE : 14th October, 2009 P.C.: 1. Heard the learned counsel for the petitioner ­ university, the learned counsel for respondent nos. 1 to 13 ­ original complainants and the learned AGP for respondent no. 14. 2. The petitioner has impugned the order dated 23rd July, 2009 passed by the Industrial Court 2, Kolhapur. By the said order, the RMA wp6804­09.sxw 2 petitioner was directed to declare results of the interview held on 22nd January, 2009 by 30th July, 2009. 3. The learned counsel for the petitioner submitted that the advertisement was for 116 posts but thereafter sanctioned strength has been reduced by the government and hence, there has been reduction in the posts. He submitted that if results are declared, the candidates would claim that they be appointed which would create great difficulty. He further submitted that on account of Government Resolution dated 6th July, 2009, appointments cannot be made to all the posts which were advertised. 4. It is seen in the order, the Industrial Court has only directed to declare the results of the interview. It is not directed that appointments be made pursuant to the declaration of results. As far as whether appointments can be made or not, this issue would be left open to be considered in the main complaint. As the order does not direct anything more than declaration of the results, I see no reason to interfere in the said order. It is however, clarified that this order shall not be construed to mean that any appointments have to be made pursuant to declaration of the results. Hence, the RMA wp6804­09.sxw 3 petition is dismissed. 5. At this stage, the learned counsel for the petitioner states that it would not be possible for the petitioner­university to immediately declare the results and the University requires sometime to declare the results. In view of the statement, four weeks time is granted to the University to declare the results. In view of this order, the learned counsel Mr. M.S.Topkar for respondent nos. 1 to 13 states that they will not proceed with the Criminal Complaints in respect of non­declaration of the results, pending before the Industrial Court 2, Kolhapur for a period of four weeks from today. (SMT. V.K. TAHILRAMANI, J) RMA wp6804­09.sxw 4 RMA wp6804­09.sxw