WP/716/2011 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.716 OF 2011 Kirti Lahu Mahadik, Age 43 years, Occ. Service, R/o Bafana Chal, Old Taloda Road, Nandurbar. ..Petitioner Versus 1. The Union of India Through Ministry of Human Resource Department, New Delhi 01 (India). 2. The State of Maharashtra Through it's Secretary Higher & Technical Education, Mantralaya, Mumbai. 3.The Jt. Director of Education, Jalgaon Region, Jalgaon. 4.The North Maharashtra University, Umavi Nagar, Jalgaon, through it's Registrar. 5.Poojya Sane Guruji Vidya Prasarak Mandal, Shahada, Dist. Nandurbar, through it's President. 6.Through Under Secretary, University Grant Commission, Bahadurshah Jafar Marg, New Delhi. ..Respondents ... Shri N.L.Choudhari, Advocate for petitioner Shri B.L.Sagar Killarikar, Advocate for respondent 1 Shri V.D.Godbharale, AGP for respondents 2 & 3 Shri R.B.Girase, Advocate for respondent 4 Shri P.P.Chavan, Advocate for respondent 5 Respondent 6 - Served ... WP/716/2011 2 CORAM : D B BHOSALE & S B DESHMUKH, JJ. Dated: July 11, 2011 ... ORAL JUDGMENT : (PER D.B.BHOSALE,J.):- 1. Heard respective counsel. 2. Rule. By consent, Rule made returnable forthwith. 3. In this Writ Petition under Article 226 of the Constitution of India, the petitioner seeks to challenge letter dated 11.1.2010 issued by respondent 4 - University, thereby refusing to grant approval to the appointment of the petitioner on the ground that she has not passed NET/SET examination. The petitioner has also prayed for direction to respondents 1 to 4 to grant permanent approval to her appointment, on the basis of having M.Phil. qualification, as per the law laid down by the Division Bench in the group of Writ Petitions decided on 2.7.2010. 4. We have perused the judgment of the Division Bench in Writ Petition No.1489 of 2010 with connected Writ Petitions, dated 2.7.2010. In the said group of Writ Petitions the following question fell for consideration of the Division Bench :- " Whether introduction of NET/SLET as eligibility condition for recruitment and appointment of Lecturers in WP/716/2011 3 Universities / Colleges / Institutions as per Gazette Notification dated 11.7.2009 prescribed by University Grants Commission (UGC) will affect the selections and appointments made in accordance with the approved advertisements / notifications published before 11.7.2009 when the eligibility condition was not compulsory NET/ SLET ? " The Division Bench answered the said question holding that the selection or appointment made pursuant to the advertisement published prior to 11.7.2009 shall not be affected by introduction of compulsory NET/SET eligibility criteria as the said Gazette notification dated 11.7.2009 is prospective in nature. 5. In the present case, admittedly, the advertisement was published prior to 11.7.2009 and that too in pursuance of the approval granted by the University on 6.3.2009 and on the basis thereof, the petitioner was selected. In the circumstances, learned counsel for the petitioner submits that the case of the petitioner is squarely covered by the judgment dated 2.7.2010 passed in Writ Petition No.1489 of 2010. This position of law has not been disputed by the learned counsel for respondents. In the circumstances, we make Rule absolute in terms of prayer clause (C). Prayer clause (C) reads thus :- " (C) By writ of Certiorari or any other appropriate writ, order or direction in the like nature, the impugned letter WP/716/2011 4 dated 11.1.2010 issued by the respondent No.4 University, thereby refusing to grant approval to the appointment of the petitioner, for want of completion of NET/SET examination, may kindly be quashed and set aside." 6. It is needless to mention that respondent 4 may consider the petitioner's proposal for grant of approval to her appointment in pursuance of M.Phil. qualification in the light of the judgment of the Division Bench dated 2.7.2010 as expeditiously as possible and preferably within a period of twelve weeks from the date of receipt of this order. 7. With these observations, Rule is made absolute. No costs. ( S B DESHMUKH, J. ) ( D B BHOSALE, J. ) akl