1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2632 OF 1998 Raghunath S/o Bhagwan Barad .... PETITIONER V E R S U S State of Maharashtra & Oths. .... RESPONDENTS Mr. S.B.Talekar, Advocate for petitioner. Mr. K.G.Patil, Assistant Govt. Pleader for State. Mr. S.C.Bora, Advocate for respondent no. 2. CORAM : B.R. GAVAI AND S.V. GANGAPURWALA, JJ. DATE: 22/07/2010 ORAL ORDER : 1. By way of present petition, the petitioner is seeking direction to declare that Rule 3 (aa) and 5 (u) of the Rules for admission to B.Ed. Course conducted by respondent no. 2 -University as ultra vires. The petitioner further claims for direction to provide 3 % reservation to every eligible handicapped candidate. 2 2. Mr. Talekar, the learned counsel for the petitioner submits that the reservation is provided only to the teachers working in deaf and dumb school. He further submits that the reservation is also required to be provided for deaf and dumb teachers working in normal schools. 3. Mr. Bora, the learned counsel for respondent no. 2 – University submits that the Rule which provides that 2 years experience is a reasonable rule and as such the challenge regarding it has no substance. 4. As to what shall be the rule for admission , is a matter of policy to be determined by the University. Unless the policy is found to be irrational or arbitrary, this Court is not expected to sit in an appeal. The University in its own wisdom has found that 2 years teaching experience is pre-requisite for inservice candidate. We do not find that the policy is patently arbitrary or unreasonable. 5. In that view of the matter, challenge to Rule 3 (aa) is without substance. Undoubtedly, the petitioner does not possess 2 years experience and as such no relief can be granted in his favour. The rest of the issues involved in the petition are only of the academic interest. In view of the heavy pendency of the matters, it is not possible for this Court to decide purely academic question. 3 6. In that view of the matter, no merit is found in the petition. The petition is dismissed. Rule is discharged. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/WP 2632.98