(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 3749 OF 2010 WITH WRIT PETITION NO. 3785 OF 2010 WITH WRIT PETITION NO. 3801 OF 2010 WITH WRIT PETITION NO. 3841 OF 2010 WITH WRIT PETITION NO. 3996 OF 2010 WRIT PETITION NO. 3749 OF 2010 1. Anand s/o. Shivaji Ingale, Age : 31 years, Occupation : Service, Working as a lecturer in R.C. Patel College of Education, Shirpur (Dhule), R/o. : Shirpur, Taluka : Shirpur, District : Dhule. 2. Yogesh s/o. Namdeo Patil, Age : 31 years, Occupation : Service, Working as a lecturer in R.C. Patel College of Education, Shirpur (Dhule), R/o. : Shirpur, Taluka : Shirpur, District : Dhule. (2) 3. Ishwar s/o. Sitaram Borase, Age : 29 years, Occupation : Service, Working as a lecturer in R.C. Patel College of Education, Shirpur (Dhule), R/o. Shirpur, Taluka : Shirpur, District : Dhule. .. Petitioners. versus 1. The State of Maharashtra, Through its Secretary, Higher and Technical Education, Mantralaya, Mumbai. 2. The Joint Director of Education, Jalgaon Region, Jalgaon. 3. The North Maharashtra University, Jalgaon, Through its Registrar. .. Respondents. ....................... Mr. D.S. Bagul, Advocate, for the petitioners. Mr. V.H. Dighe, Assistant Government Pleader, for respondent nos.1 and 2. Mr. A.B. Girase, Advocate, for respondent no.3. *************** (3) WRIT PETITION NO. 3785 OF 2010 Amar s/o. Asaram Pawar, Age : 31 years, Occupation : Service, presently working as Lecturer in Geography, Arts, Commerce and Science College, Jamner, run by Jamner Taluka Education Society, R/o. Jamner, District : Jalgaon. .. Petitioner. versus 1. The State of Maharashtra, through its Secretary, Higher and Technical Education Department, Mantralaya, Mumbai. 2. The Joint Director of Higher Education, Jalgaon Region, Jalgaon. 3. The North Maharashtra University, Jalgaon, through its Registrar. .. Respondents. .................................. Mr. S.R. Barlinge, Advocate, for the petitioner. Mr. V.H. Dighe, Assistant Government Pleader, for respondent nos.1 and 2. Mr. A.B. Girase, Advocate, for respondent no.3. (4) **************** WRIT PETITION NO. 3801 OF 2010 Nitin s/o. Vasant Dandekar, Age : 33 years, Occupation : Service, presently working as Lecturer in English, Yeshwantrao Chavan Shikshan Prasarak Mandal's Arts, Commerce and Science College, Erandol, Taluka : Erandol, District : Jalgaon, R/o. 84, Annapurna, Shivajinagar, Jamner, District : Jalgaon. .. Petitioner. versus 1. The State of Maharashtra, through its Secretary, Higher and Technical Education Department, Mantralaya, Mumbai. 2. The Joint Director of Higher Education, Jalgaon Region, Jalgaon. 3. The North Maharashtra University, Jalgaon, through its Registrar. .. Respondents. ............................... (5) Mr. S.R. Barlinge, Advocate, for the petitioner. Mr. V.H. Dighe, Assistant Government Pleader, for respondent nos.1 and 2. Mr. A.B. Girase, Advocate, for respondent no.3. ***************** WRIT PETITION NO. 3841 OF 2010 1. Vinod s/o. Hirasing Raghuvanshi, Age : 40 years, Occupation : Service, presently working as Librarian, G.T.P. College, Nandurbar. 2. Pravin s/o. Suresh Patil, Age : 38 years, Occupation : Service, presently working as Lecturer in Economics, Kamal Akka Patil Arts, Science and Commerce College, Amalner, Taluka : Amalner, District : Jalgaon. 3. Uddhav s/o. Nivrutti Ingale, Age : 35 years, Occupation : Service, presently working as Lecturer in Electronics, Smt. Godavaribai Ganpatrao Khendse Science and Arts College, Muktainagar, Taluka : Muktainagar, District : Jalgaon. (6) 4. Sow. Seema Vijay Rane, Age : Major, Occupation : Service, presently working as Lecturer in Computer Science, Smt. Godavaribai Ganpatrao Khendse Science and Arts College, Muktainagar, Taluka : Muktainagar, District : Jalgaon. 5. Smt. Gauri Milind Patil, Age : Major, Occupation : Service, presently working as Lecturer in Computer Science, Bhagwan Arts, Science and P.O. Nahata Commerce College, Bhusawal, Taluka : Bhusawal, District : Jalgaon. .. Petitioners. versus 1. The State of Maharashtra, through its Secretary, Higher and Technical Education Department, Mantralaya, Mumbai. 2. The Joint Director of Higher Education, Jalgaon Region, Jalgaon. 3. The North Maharashtra University, Jalgaon, through its Registrar. .. Respondents. ........................ (7) Mr. S.R. Barlinge, Advocate, for the petitioners. Mr. V.H. Dighe, Assistant Government Pleader, for respondent nos.1 and 2. Mr. A.B. Girase, Advocate, for respondent no.3. ***************** WRIT PETITION NO. 3996 OF 2010 1. Balwant s/o. Laxman Borse, Age : 32 years, Occupation : Service, presently working as Lecturer in Political Science in Kamal Akka Patil Arts, Science and Commerce College, Amalner, Taluka : Amalner, District : Jalgaon. 2. Mahendra s/o. Gunwantrao Sonwane, Age : 30 years, Occupation : Service, presently working as Lecturer in Chemistry, Dhanaji Nana Choudhary Vidya Prabhodini's Arts, Science and Commerce College, Jalgaon. (8) 3. Fakir Akhtar Sattar, Age : 28 years, Occupation : Service, presently working as Lecturer in Chemistry, H.J. Thim College, Mehunbare, Taluka and District : Jalgaon. 4. Mohammad Mustak in Mohammad Sharif, Age : 31 years, Occupation : Service, presently working as Lecturer in Chemistry, H.J. Thim College, Mehunbare, Taluka and District : Jalgaon. .. Petitioners. versus 1. The State of Maharashtra, through its Secretary, Higher and Technical Education Department, Mantralaya, Mumbai. 2. The Joint Director of Higher Education, Jalgaon Region, Jalgaon. 3. The North Maharashtra University, Jalgaon, through its Registrar. .. Respondents. ................................... (9) Mr. S.R. Barlinge, Advocate, for the petitioners. Mr. V.H. Dighe, Assistant Government Pleader, for respondent nos.1 and 2. Mr. A.B. Girase, Advocate, for respondent no.3. ***************** CORAM : B.R. GAVAI & R.M. BORDE, JJ. DATE : 23RD NOVEMBER 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. As these petitions raise a common question of law and facts, they are heard together and decided by this common judgment. 3. The facts in the present case are almost identical with the facts in Writ Petition No. 357/2010, which was decided by this Court on 20th October 2010. In the said case, this Court, relying on the judgment of Division Bench of this Court, at (10) Nagpur Bench, in Writ Petition No. 1489/2010, which in turn, has been decided on the basis of the judgment of the Apex Court, in the case of Madan Mohan Sharma and another Vs. State of Rajasthan and others (2008(3) SCC 724), the relevant qualification for the post of Lecturer/Assistant Professor would be as prescribed on the date of advertisements which were approved by the University. 4. Undisputedly, in the present case also, in all the advertisements which were approved by the University, the prescribed qualification was only M.Phil. and not NET/SET. Undisputedly, all these advertisements were issued prior to 11th July 2009 which is the cut off date for exemption of having NET/SET qualification as per notification dated 11th July 2009 issued by the University Grants Commission. 5. Mr. A.B. Girase, learned Counsel appearing for the respondent / University, however, submits that this Court, in the said judgment, has also considered the resolution of the University Grants Commission. 6. However, the said resolution of the University Grants Commission has been turned down by the Human Resources Department of the Union of India. (11) 7. No doubt, that in the aforesaid judgment, though we have made reference to the resolution of the University Grants Commission, we have allowed the petitions on the ground that the qualification, which could be considered essential for grant of approval, would only be such qualification which is prescribed in the advertisement. It has further been held that no qualification, which is made essential subsequent to the date of advertisement, can be considered as an essential qualification for grant of approval. In that view of the matter, we find that the contention of Mr. Girase, learned Counsel appearing for the respondent / University, in this respect, requires to be rejected. 8. In the result, the petitions are allowed. Rule is made absolute in terms of prayer clauses "B" and "C" of the petitions. However, there shall be no order as to costs. ( R.M. BORDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp3749etc