-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 831 OF 2008 Amod Sadashiv Tilak ... Petitioner versus Maharashtra Public Service Commission and others ... Respondents Mr. Atul Damle, instructed by Mr. Sanjay Gawade,for the petitioner. Mr. S.R. Atre for respondent Nos.1 and 2. Mr. M.D. Naik, AGP, for respondent Nos. 3 to 5. CORAM: P.B. MAJMUDAR & A.A. SAYED, JJ. DATE: AUGUST 29, 2008. P.C. By filing this petition, the petitioner has challenged the decision of the Maharashtra Public Service Commission in not considering the application of the Petitioner for the post of Lecturer in the Government Law College in Mumbai. 2. The petitioner applied for the post of full time Lecturer in Government Law College at Mumbai on the basis of the advertisement issued by the Public Service Commission. The petitioner was not found eligible for such appointment on the ground that he is not possessing NET/equal qualification which is the requirement of the advertisement. Another ground on which the petitioner was not found suitable was that the -2- petitioner is not possessing 55 per cent mark in Post Graduate Degree in Master of Law or minimum “B” Grade which is the requirement as per advertisement. It is submitted by the learned counsel for the petitioner that both these grounds are not at all relevant and on wrong premise the application of the petitioner was not considered by the Public Service Commission. It is submitted that as per the decision and circulars of the State of Maharashtra, Ph.D. Qualification is to be treated as equivalent to NET and in this behalf University Grant Commission had already taken decision earlier. It is submitted that since the petitioner is possessing all the qualification equivalent to NET and he is possessing Ph.D. Qualification, he can be said to be qualified for being appointed as per the advertisement. 3. It is further submitted that the petitioner was not required to have 55 per cent marks in Post Graduate Degree in Master of Law as he had passed Post Graduate Degree in Master of Laws (Thesis) by research and in that view of the matter he is deemed to have completed his LL.M. Course with higher second class i.e. B Plus which is in conformity with UGC norms. He has submitted that the petitioner was qualified to be appointed as per the advertisement. 4. During the course of hearing, learned counsel for the petitioner, -3- however, submitted that since on the basis of the advertisement in question, appointment has already been made, the petitioner is now not interested in being appointed as Lecturer on the basis of the advertisement which is already issued and on the basis of which appointment has already been made. It is, however, submitted that in future if any new advertisement is issued, the Public Service Commission should consider the claim of the petitioner on the basis of what is stated hereinabove and treat him as being qualified for such appointment. The request is reasonable. In future, if any advertisement is issued, Pubic Service Commission may find out as to whether petitioner can be said to be qualified on the ground that he is having Ph.D. Qualification the same can be considered equivalent to NET and whether he is required to have 55 per cent marks in Post Graduate Degree in Master of Law on the ground that he is deemed to have completed LL.M. Course with higher second class. The claim of the petitioner may be considered in view of the prevailing policies/circulars in this behalf . 5. In view of what is stated above, nothing remains in the petition and the petition is disposed of accordingly. P. B. MAJMUDAR, J. A.A. SAYED, J.