1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.5454 OF 2009 Tanaji Mahadev Chougale .... Petitioner Vs. The State of Maharashtra & Ors. .... Respondents Shri N.V. Bandiwadekar for the Petitioner. Shri V.S. Gokhale, AGP, for Respondent Nos.1 to 3. Shri Amit Borkar for Respondent No.4. Shri C.J. Sawant, Senior Counsel i/b Shri V.C. Ghosalkar for Respondent No.5. CORAM: D.D. SINHA AND A.A. SAYED, JJ. DATED: JANUARY 25, 2010 P.C: 1. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respective respondents. 2. The writ petition is directed against the impugned advertisement dated 5-6-2009, issued by respondent No.5 to fill-up the regular vacancy of the post of the full-time lecturer in Zoology in Baba Naik Mahavidyalaya, 2 Kokrud, Taluka Shirala, District Sangli. It is not in dispute that the petitioner was earlier selected and appointed on the said post. However, at the time of appointment he had possessed educational qualification i.e., M.Sc. in Zoology only. It is brought to the notice of the Court that the selection of the petitioner was not by the duly constituted Selection Committee and the petitioner also did not possess the requisite qualification necessary for the said post i.e., NET/SET. The counsel for the petitioner has submitted that after the petitioner was appointed, the petitioner has made a representation through proper channel to the University Grants Commission for relaxation of the condition so far as the requisite qualification for the said post is concerned which is pending for decision. 3. The counsel for the petitioner further contended that another grievance of the petitioner is in respect of non-implementation of the order passed by the University Grievance Committee dated 24-3-2008 whereby the Management was asked to pay the arrears of salary of the petitioner. It is contended that in spite of the said order, the respondent- 3 Management failed to pay the arrears of salary to the petitioner and, therefore, the petitioner is seeking direction to the Management to implement the said order dated 24-3-2008 passed by the University Grievance Committee. The counsel for respondent No.4 has submitted that the petitioner was not selected by the duly constituted Selection Committee and also did not possess the requisite qualification for the post of the lecturer. The proposal submitted by the petitioner for relaxation in qualification was forwarded to the University Grants Commission for decision. 4. Shri C.J. Sawant, the learned senior counsel appearing for respondent No.5, has disputed the claim of the petitioner for arrears of salary and continuation in service as lecturer in Zoology. It is contended that the selection of the petitioner was not by the competent Selection Committee. The learned senior counsel further contended that the advertisement dated 5-6-2009 was issued by respondent No.5 to fill-up the post of the full-time lecturer in Zoology. However, by virtue of the interim order, further steps could not be taken in this regard. It is contended that the petitioner for want of 4 requisite qualification is not competent to hold the post and, therefore, the appointment of the petitioner is bad in law. 5. Considered the contentions canvassed by the respective counsel. In the backdrop of the above referred facts, it is evident that the appointment of the petitioner to the post of lecturer in the subject of Zoology appears to have been made not by the competent Selection Committee. Similarly, the petitioner at the relevant time did not possess the requisite qualification for the said post and, therefore, in our view, does not have any legal right for regularisation in the said post. However, at the same time, by virtue of the interim order the petitioner is continued in the said post till this date and therefore we permit the petitioner to continue on the said post till such time the said post is filled-in pursuant to the advertisement dated 5-6-2009 by a regularly appointed candidate by the competent Selection Committee. 6. The learned senior counsel has submitted that so far as the order dated 24-3-2008 passed by the University Grievance Committee is concerned, respondent No.5 will 5 take appropriate steps to challenge the same before the competent forum. Be that as it may, for the reasons stated herein above, we dismiss the petition. The interim order is set aside. Respondent No.5 is at liberty to proceed to take appropriate steps in view of the advertisement dated 5-6-2009 issued to fill-up the post of full-time lecturer in the subject of Zoology in Baba Naik Mahavidyalaya within reasonable time, till then the petitioner be continued as lecturer in the said college in the said post. So far as the order dated 24-3-2008 passed by the University Grievance Committee is concerned, if not stayed by any competent forum, in that event, on expiry of fourth week from today, the respondent- Management is directed to implement the same. (D.D. SINHA, J.) (A.A. SAYED, J.)