: 1 : wp.976.2011 vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.976 OF 2011 Shri Shashakant V. Hipargi .. Petitioner V/s. The State of Maharashtra & Ors. .. Respondents Mr.A.G. Damle i/b R.S. Alange for the Petitioner Mr.C.R. Sonawane, AGP, for the Respondent Nos.1,2 & 3 CORAM: B.H. MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: AUGUST 26, 2011 P.C.: 1. Heard Mr.Damle, learned Counsel appearing for the petitioner. Rule. 2. Mr.Sonawane, learned AGP waives service on behalf of Respondent Nos.1, 2 and 3. Respondent Nos.4 and 5 have been served and in any case they are only formal parties. The petition is heard finally, moreso, when the affidavit in reply has been filed on behalf of Respondent Nos.1, 2 and 3. 3. The petitioner came to be appointed as a Lecturer with the : 2 : wp.976.2011 Respondent No.5 Institute which is affiliated to the Respondent No.4 deemed University, as a Lecturer on year to year basis right from the academic year 1994-1995. His appointment was approved initially on year to year basis. By an order dated 30.3.2005, the Director - Social Welfare passed an order and granted approval to the post of the petitioner from 2002-2003 onwards subject to the conditions of qualifications to be met. The petitioner did not possess the qualifications of NET/SET and he acquired his Ph.D degree in the year 2006. It appears one Shri Basavraj M. Bagle, a resident of Solapur submitted a complaint to the Social Welfare Department, Government of Maharashtra on 31.8.2009 and, therefore, the Government ordered an enquiry into the said complaint. The complainant had claimed that the petitioner was not a duly qualified lecturer and, therefore he was not eligible for being appointed and approved in the said post. It was also pointed out that he was never selected by the University Selection Committee and the appointment was only made by local selection committee on year to year basis. The enquiry ordered culminated in the impugned order dated 24.6.2010 by which the approval granted as per the order dated 30.3.2005 has been withdrawn. 4. Shri Vitthal Suryawanshi, District Social Welfare Officer, Solapur : 3 : wp.976.2011 has filed affidavit in reply on behalf of Respondent Nos.1, 2 and 3 and has pointed out that as per the G.R. Dated 11.12.1999, the qualifications for the post of Lecturer in the degree college were as under: a. A Post Graduate degree with 55% marks and b. NET/SET examination of UGC. 5. It has been further pointed out that as per the subsequent G.R. dated 3.4.2003, the candidates who obtained M.Phil degree upto 31.12.1993 and had submitted their Ph.D. thesis, were exempted from the requirement of NET/SET, upto 31.12.2002. Thus, the petitioner was not qualified to be appointed for the post of Lecturer at least till he obtained his Ph.D. Degree, as per the said affidavit in reply. 6. Mr.Damle, learned Counsel appearing for the petitioner submitted that while passing the impugned order, no show-cause notice was issued to the petitioner and he continued to be an approved teacher for more than 6 years. The impugned order has adversely affected and thus on the ground of non-compliance of the principles of natural justice alone, the impugned order is required to be quashed and set aside. The impugned order as well as the affidavit in reply filed on behalf of Respondent Nos.1, 2 and 3 do not indicate that any show- : 4 : wp.976.2011 cause notice was issued to the petitioner and he was heard before the impugned order was passed. 7. Hence the petition deserves to be, on this sole ground, allowed and a fresh enquiry will have to be conducted by Respondent No.2 in the complaint submitted by Shri Basavraj M. Bagle. 8. In the premises, the petition is allowed partly and the order dated 24.6.2010 is hereby quashed and set aside. It is directed that respondent No.2 will issue a show-cause notice to the petitioner within a period of four weeks from today and hear the petitioner as well as the respondent-Institute and pass a fresh order as per law, as expeditiously as possible and preferably before 31.12.2011. In the meanwhile, the petitioner will continue as a Lecturer appointed by the local selection committee. 9. Rule is made absolute accordingly but without any order as to costs. Writ to go forthwith. (SMT.NISHITA MHATRE, J.) (B.H. MARLAPALLE, J.)