1 Writ Petition No.765.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.765 Of 2011 * Munja s/o Baburao Dhondage, Age 33 years, Occupation : Service, R/o C/o Shri Panditguru Pardikar Arts College, Shirsala, Taluka Parali, District Beed. .. Petitioner. Versus 1) Dr. Babasaheb Ambedkar Marathwada University, Aurangabad Through its Registrar. 2) The Registrar and Returning Officer, Dr. Babasaheb Ambedkar Marathwada University, Aurangabad. .. Respondents. -------- Shri. S.S. Shinde, Advocate for petitioner. Shri. K.M. Suryawanshi, Advocate, for respondent Nos.1 & 2. -------- CORAM: NARESH H PATIL & S.V. GANGAPURWALA, JJ. DATE: 1st FEBRUARY 2011 2 Writ Petition No.765.2011 ORAL JUDGMENT (Per Naresh H Patil, J.): 1) Heard. 2) Rule, rule made returnable forthwith by consent of the parties and taken up for final disposal. 3) The petitioner filed his nomination paper on 19-1-2011 for the election to be held for the seat in the Board of Studies to be constituted under Section 37(2)(b) of the Maharashtra Universities Act 1994 from the faculty of Marathi. On the same day a list of valid nominations was published with remark against the name of the petitioner to the effect "subject to verification of teaching experience". On 21-1-2011 the petitioner submitted explanation about the remarks. On 23-1-2011 the final list of contesting candidates was published. The petitioner's name was not amongst those candidates. It is contended that on 24-1-2011 the petitioner made a representation to the respondent No.2. 4) We have heard learned counsel appearing for the petitioner and the University. We have perused the remarks passed by the Returning Officer. In the facts of the 3 Writ Petition No.765.2011 case we find that, the Returning Officer ought to have noticed the petitioner before deciding to publish the list of valid candidates excluding the petitioner. The said act amounts to implied rejection of nomination paper of the petitioner. Without entering into the merits of the claim of the petitioner we find it appropriate to remand the matter back to the Returning Officer. The petitioner undertakes to appear before the Returning Officer on 3-2-2011. The Returning Officer shall hear the petitioner on 3-2-2011 and shall pas brief order after considering the explanation to be given by the petitioner and thereafter decide as to whether petitioner's name is to be added to the list of contesting candidates. 5) Rule made absolute in the above terms with no order as to costs. Authenticated copy be given to Shri. Suryawanshi, Advocate for the respondent - University. Sd/- Sd/- (S.V. GANGAPURWALA, J.) (NARESH H PATIL, J.) rsl