1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 81 OF 1997 Mohammad Moosa S/o Mohmmad Amir Age : 58 Yrs.,, Occ. Service, R/o : Aurangabad, Tq. & Dist. Aurangabad. .... PETITIONER V E R S U S 1. The State of Maharashtra 2. The Director of Education ( Higher Education ), Pune – 1. 3. Dr. Babasaheb Ambedkar Marathwada University, Aurangabad, through its Registrar. .... RESPONDENTS Mr. S.B.Talekar, Advocate for petitioner. Mr. K.B.Choudhari, Additional Govt. Pleader for State. CORAM : B.R.GAVAI AND S.V.GANGAPURWALA, JJ. DATE : 15/06/2010 ORAL JUDGMENT : [ PER - B.R.GAVAI, J. ] 1. By way of present Writ Petition, the petitioner seeks direction to respondent no. 1 to grant approval to the decision taken by the University to 2 upgrade the post of Research Assistant as Lecturer. 2. Mr. Talekar, the learned counsel for the petitioner submits that the duties of the Research Assistant are similar as that of Lecturer. He further submits that in so far as Research Assistants working in Govt. colleges are concerned, they are already upgraded as Lecturers. He further submits that the Research Assistants working in the University like the petitioners, have been denied the said benefits. He submits that this is a case of patent discrimination. He further submits that the Demonstrators and Tutors, who are working in the University have already been granted higher pay scale by the Govt. He submits that the writ as sought by the petitioner needs to be granted. 3. Whether a particular scale is to be granted to a particular cadre and as to whether the particular cadre should be upgraded are exclusively policy decision within the domain of the executive. We are afraid as to whether writ can be issued to the respondent no. 1 to frame a policy in the particular manner. The State has to take into consideration various exigencies while framing its policy and taking appropriate decision. 4. A limited relief that can be granted in favour of the petitioner is the direction to the respondent no. 1 to take decision upon the proposal submitted to it by the respondent no. 3 – University regarding upgradation of the Research Assistants into Lecturer. The said decision be taken by the State Govt. within the period of three months. 3 5. In that view of the matter, the present Writ Petition is disposed of. [ S.V.GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 81.97