WP/7770/2010 & WP/8896/2010 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7770 OF 2010 SATISH HARLAL PARADHI VS. STATE OF MAHARASHTRA OTHERS ... Shri N.L.Choudhari, Advocate for petitioner, Shri K.G.Patil, AGP for respondents 1 to 3 and Shri A.B.Girase, Advocate for respondent No.4 ... WITH WRIT PETITION NO.8896 OF 2010 KIRAN UMAKANTRAO CHOUDHARY AND OTHERS VS. STATE OF MAHARASHTRA AND OTHERS ... Shri Anandsingh Bayas, Advocate for petitioner, Shri V.H.Dighe, learned AGP for respondent 1 and Shri V.D.Kulkarni, Advocate h/f Shri R.V.Ghuge for respondent NO.2 ... CORAM : B.R.GAVAI & R.M.BORDE, JJ. Dated : December 10, 2010 PER COURT :- 1. Heard learned counsel for respective parties. 2. The issue involved in both these petitions is no more re-integra. This Court in Writ Petition No.357 of 2010 on 20.10.2010, relying on the judgment delivered by the learned Division Bench of this Court at Nagpur Bench in Writ Petition No.1489 of 2010 dated 2.7.2010 has held that the University while considering the question of grant of approval can only consider the qualification as was prescribed in the advertisement, which was WP/7770/2010 & WP/8896/2010 2 approved by the University. It has also been held that any subsequent qualification prescribed after the date of appointment cannot be made basis for refusal of an approval. Indisputably, in Writ Petition No.7770 of 2010, the date of advertisement is 26.5.2009 whereas in Writ Petition No.8896 of 2010, the date is 18.6.2009. Requirement of having NET/SET examination as a compulsory qualification has been prescribed on 11.7.2009 i.e. after the advertisements were issued by the respondent / management, which were duly approved by the University. 3. In this view of the matter, refusal of an approval to the appointment of the petitioners is not sustainable in law. The respondent / University is, therefore, directed to grant approval to the services of the petitioners within the period of four weeks from today. 4. Writ Petitions are accordingly allowed. No order as to costs. (R.M.BORDE,J.) (B.R.GAVAI, J.) ... akl