1 ASWP-793-2011 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.793 OF 2011 Mrs.Anita Vinod Patil ...Petitioner Versus Shivaji University, Kolhapur and ors. ...Respondents Mr.T.S.Ingle i/b. Mr.Pralhad Paranjpe for petitioner. Mr.Amit Borkar for resp.nos.1 and 2. Mr.R.A.Rodrigues for resp.no.3. Mr.V.D.Borwankar for resp.no.4. CORAM: B. H. MARLAPALLE & P.D.KODE, JJ. October 5, 2011. P.C. 1. Heard Mr. Ingale, the learned counsel for the petitioner. Perused the affidavit in reply filed by respondent no.1 as well as respondent nos.4 and 5. 2. In this petition filed under Article 226 of the Constitution the 2 ASWP-793-2011 petitioner has challenged the order dated 7/1/2011 passed by the Respondent no.1 – University thereby declining to grant approval to the appointment of the petitioner as Assistant Professor with respondent no.4 and for a further declaration that she holds the requisite qualifications and experience for the said post. Respondent nos.1 and 2 have opposed the petition. 3. As per the petitioner she completed her B.Sc. (Maths) from Shivaji University in 1982 and the Master’s Diploma in Business Administration (MDBA) two years full time course from the Institute of Management Development and Research (IMDR), Pune in 1984. She then completed M.Sc. (Maths) from respondent no.1 – University in 1987 and also obtained a Diploma in Business Management (DBM) from respondent no. 1 University in the year 1999. She was admitted to the degree course of Master of Management Science (MMS) in the academic year 1999-2000 and she passed in First Class with distinction from Pune University in the year 2000. She worked as a part time Lecturer for MBA and DBM with Bharati Vidyapeeth from December 1996 to 2001. She was appointed as a full time Lecturer on temporary basis from 1/3/2004 by respondent no.4 upto 31/5/2005. She claims to have attained permanency on 31/5/2005 3 ASWP-793-2011 and continued in service uninterruptedly by the respondent no.4. She has been a member of the Syllabus Revision Sub-Committee of MBA as well as a member of the Paper Setting Committee for MBA of Respondent no. 1 University. On 28/5/2010 an advertisement for the post of Assistant Professor in local newspaper was issued by the respondent no.4 and the petitioner was selected by the University Selection Committee on 16/7/2010 for the post of Assistant Professor. She was appointed to the said post and on 13/12/2010 the Respondent no.1 – University sought clarifications about her qualifications from respondent no.4. When the respondent no.1-University came to know that the petitioner had passed the MMS Course of one year from Pune University, the impugned order came to be passed despite all the supporting documents submitted by the petitioner to the respondent no.2 on 13/12/2010. 4. The affidavit in reply filed by the Assistant Registrar of Respondent no.1 – University states that the initial appointment of the petitioner made by the Local Selection Committee was only a temporary appointment and the said experience cannot be counted for the post of Assistant Professor unless it is held that the petitioner was duly qualified for the post of Assistant Professor. As per the University the MMS course completed by 4 ASWP-793-2011 the petitioner is only of one year duration whereas the MBA Course of the respondent no1. - University is of two years and unless the petitioner had obtained a Master’s Degree in Management or Business Administration of two years duration, she could not be held to be eligible for the post of Assistant Professor. It has been further submitted that the MMS Course completed by the petitioner with the Pune University had only four papers of 100 marks each as against the MBA Course of Respondent no.1 – university of two years duration with 32 papers of 100 marks each and, therefore, the MMS Course of Pune University is not equivalent to the MBA Course of the respondent no.1 – University. It is further submitted that even if the University of Pune claims that its MMS course is equivalent to the MBA Course, that is a matter left to the Pune University and the opinion of the Pune University is not binding on respondent no.1 – University. 5. Respondent no.5 has also filed an affidavit in reply and pointed out that there is no nexus between the post of Lecturer on ad hoc basis and the post of Assistant Professor. Unless the appointment of the petitioner is approved by the respondent no.1 – University, the respondent no.4 has no role to play and the selection made of the petitioner for the post of 5 ASWP-793-2011 Assistant Professor is of no consequence. It has been pointed out by the AICTE (Respondent no.5) that as per the norms and regulations framed by the AICTE a candidate holding the post of Master of Business Management is eligible to hold a faculty position as Assistant Professor in the discipline of management if such degree is equivalent to Master of Business Administration (MBA). 6. We have given serious considerations to the respective arguments. At Exhibit K to the petition memo the educational qualifications for the post of Assistant Professor in management programmes as prescribed by the AICTE states that the minimum qualification for the said post is First Class Master's degree in Business Management / Administration / other relevant management related discipline / PGDBM / PGDM programmes of minimum 2 years duration recognized by AICTE / MHRD / UGC and declared equivalent to MBA by AICTE/AIU or First Class Master’s degree in Business Management / Administration / other relevant management related disciplines / PGDB / PGDM programmes with minimum 2 years duration recognized by AICTE / MHRD / UGC and declared equivalent to MBA by AICTE/AIU. 6 ASWP-793-2011 7. Admittedly the MMS degree obtained by the petitioner from the University of Pune is a programme of only one year duration and though it is claimed that the University of Pune has held it to be equivalent to its own MBA degree, however the MBA degree programme of the Respondent no.1 – University is of two years duration and the respondent no.1 – University has not accepted the equivalence of MMS Degree of Pune University with its own MBA degree. There is nothing on record that the AICTE / AIU / UGC has at any time recognized MMS degree of Pune University as equivalent to the MBA degree of the respondent no1. - University. Hence no fault could be found with the decision of the respondent no.1 – University in holding that the petitioner does not possess the requisite qualifications for the post of Assistant Professor and that she is not eligible to be appointed for the said post. It is well settled that in academic matters this Court, while exercising the powers of judicial review, has limited jurisdiction and the academic issues are to be left to the decision of the academic bodies. Respondent no.1 – University to which the respondent no.4 – college is affiliated has held that the qualifications of MMS from Pune University obtained by the petitioner is not the requisite qualification for the appointment of Associate Professor and it is a programme of only one year duration and, therefore, this Court 7 ASWP-793-2011 would refrain from interfering in the decision of the respondent no.1 – University. 8. Hence the petition fails at the threshold and the same is hereby rejected. (P.D.KODE, J.) (B. H. MARLAPALLE, J.)