: 1 : wp.6015.2010 -vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6015 OF 2010 Darekar Bharat Baburao .. Petitioner V/s. The State of Maharashtra & Ors. .. Respondents Mr.M.S. Karnik i/b Sachin Gite for the Petitioner Mr.C.R. Sonawane, AGP, for Resp. No.1 Mr.Girish Kurlkarni i/b Ms.Minakshi G. Kulkarni for Resp. No.2 Mr.K.Y. Mandlik for the Respondent No.3 CORAM: B.H. MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: OCTOBER 3, 2011 P.C.: 1. Heard. Perused the affidavit in reply of Respondent No.3 Management. As per the Management, the petitioner was not qualified for appointment as a Lecturer/Assistant Professor as he did not pass the NET/SET examination and, therefore, he was appointed on year to year basis. It is further contended that in the academic year 2009- 2010, the petitioner’s tenure expired on 1.5.2010 and thereafter no fresh appointment order was issued in his favour for the academic year 2010-2011 or in the current academic year whereas the petitioner : 2 : wp.6015.2010 claims that in March 2010, he was granted exemption from the conditions of NET/SET qualifications and that he had attained the status of a regular Lecturer on full time basis. 2. In our opinion, the petitioner’s remedy lies before the University and College Tribunal and therefore, he is relegated to the remedy of filing of an appeal u/s 59 of the Maharashtra Universities Act, 1994. 3. If such an appeal is filed within a period of four weeks from today, the Tribunal may consider, inter alia, the pendency of this petition, while deciding the application for condonation of delay. 4. The Petition is disposed off accordingly. (SMT.NISHITA MHATRE, J.) (B.H. MARLAPALLE, J.)