911wp3295.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 3295 of 2009 (Dr. (Mrs.) Sanjivani O. Choudhari vs. Rashtrasant Tukadoji Maharaj Nagpur University and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha and F. M. Reis, JJ. Date : 09/11/2009. Heard Mr. Anand Parchure, Adv. for petitioner, Mr.B.G.Kulkarni, Adv. for respondent no.1 and Mr.C.N.Adgaokar, Assistant Government Pleader for respondent no.3. Mr. B. G. Kulkarni, Adv. for respondent no.1 seeks time to file reply. Time is granted. This petition is directed against the impugned communication dt. 8.5.2009 issued by the Assistant Registrar (College Section), R.T.M. Nagpur University, Nagpur whereby the proposal of petitioner for grant of approval to the post of Regular Principal of Jyotiba Fule College of Education, Nagpur came to be rejected on the ground that the petitioner does not have ten years teaching experience in the College of Education. Counsel for 911wp3295.09.odt 2 . petitioner states that, the petitioner, in view of the following provisions, fulfills the condition of experience of ten years teaching, as required. Those provisions are as follows : (Extract of N.C.T.E. norms) : 4.1.b. Qualifications : Principal : (i) Ph.D. in Education. Master’s degree in a school subject with minimum 50 % marks and M.Ed. / M.A. (Education) with 55 % marks and B. Ed. OR Ph. D. in Education. M.Ed. / M. A. (Education) with minimum 55 % marks and B. Ed. (ii) 10 years’ experience of teaching including five years’ teaching in a secondary teacher education institution. Clause 4.2.2 of the Government Resolution dt. 13th October, 2000 reads thus : 911wp3295.09.odt 3 . 4.2.2 PRINCIPAL (Reader’s Grade) (Rs.12000-420-18350) (Minimum to be fixed at Rs.12840/-) 1) A Master’s Degree with at least 55 of the marks or its equivalent grade of B in the 7 point scale with letter grades O, A, B, C, D, E and F. 2) Ph.D. or equivalent qualification. 3) Total experience of 10 years of teaching/Research in Universities/Colleges and other institutions of higher education. Counsel for petitioner has submitted that the petitioner has a teaching experience of one year and five months as a Lecturer in Science College, Nagpur in the subject of Physics and eight years and ten months in the respondent no.2-College as a Lecturer in the subject of Education. Counsel for petitioner has, therefore, contended that the competent Selection Committee, therefore, selected the petitioner for the post of Principal, pursuant to which the petitioner was appointed as a Regular Principal and therefore, the proposal was forwarded to the University for grant of approval which was refused by the Selection Committee. In the facts and circumstances, we feel that the issue needs to be re-considered by the University afresh. In the light of above referred provisions as well as the other provisions which are 911wp3295.09.odt 4 . applicable in this regard, we do not wish to express anything at this stage one way or the other and it is for the competent Authority of the University to take into consideration these aspects and decide the issue afresh. In the circumstances, the impugned communication is hereby quashed and set aside. The matter is remanded back to respondent no.1/University for re-consideration of the issue accordingly and to take a decision afresh in view of our order in accordance with law, within a period of four weeks from the date of communication of this order. JUDGE JUDGE jais