1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1220/2011 ARVIND P. JOAHI AND ORS ..VS.. RASHTRA SANT TUKDOJI MAHARAJ, NAGPUR UNIVERSITY & OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.M.Sudame, advocate for petitioners Shri B.G. Kulkarni, advocate for respondents no. 1 to 3 CORAM : SMT. VASANTI A. NAIK, J. DATE : 14th February 2011. By this petition, the petitioners seek a writ of certiorari for quashing and setting aside the impugned order passed by the Returning Officer on 10.2.2011 and the order dated 28.2.2011, passed by the appellate authority/ Vice Chancellor of the R.S.T.M. Nagpur University. On hearing the learned counsel for the parties and on perusal of the impugned orders, it appears that the authorities were justified in holding that the names of the petitioners names could not be included as the Head of the Departments for the purposes of election to the Board of Studies in Physical Education and Recreation in the faculty of Education. It is necessary to note that Table-A, mentioning the code numbers of the faculty, Board of Studies and Subject as per statute no.23, shows that the Board of Studies for Physical Education and Recreation relates to the faculty of Education. Hence, a person teaching 2 Physical Education and Recreation needs to teach the said subject in the Faculty of Physical education and Recreation as per the subject code no.602 in Table-A. It is necessary to note that subject – Physical education is not a subject of examination in any of the faculties like Arts, Commerce, Science, Social Sciences, Home Sciences etc., where the petitioners are working as Lecturers in Physical Education. It is necessary to note that no examination is conducted by the University for the students of Arts, Science, Social Sciences etc. in the subject of Physical Education. The authorities therefore, rightly held that the teachers who are appointed as Lecturers in Physical Education in the college of Physical Education, approved by the N.C.T.E. are essentially covered under the subject code no.602. According to the authorities and rightly so, the Lecturers who are validly appointed to teach in the faculty of Physical education in the college of Physical Education duly approved by the N.C.T.E., can be included as Head of Departments in the said Boards. The perusal of Table-A shows that there is no Board of Studies for Physical Education and Recreation in the faculty of Arts, Science, Commerce and Social Sciences etc. It is submitted on behalf of the petitioner that in view of this position the petitioners’ names cannot be included in the list of the Head of the Departments in the electoral roll on the Board of studies as they are appointed as Lecturers in 3 the faculty of Arts, Science, Commerce etc. and there is no Board of Studies for Physical Education and Recreation in these faculties. The petitioner is free to take recourse to the remedies available to the petitioners to seek the inclusion of Board of Studies of Physical Education and Recreation in the other faculties also, in case it is permissible for the petitioners to seek so. Be that as it may, since there is no infirmity in the orders passed by the authorities, the same call for no interference in exercise of the writ jurisdiction. In the result, the writ petition fails and is dismissed with no order as to costs. JUDGE SMP