1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO.329/2009 IN CA NO.9265/2009 IN WRIT PETITION NO.3175/2005. (Padhari s/o Deoba Waghmare Vs. The State of Mah. & Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.KM Nagarkar, Adv. for Petitioner; Mr.DV Tele, AGP for Respondent No.1; Mr.PG Rodge, Advocate for Respondent Nos. 2 & 3. ___ CORAM : K.U.CHANDIWAL, J. DATE : 22 nd February, 2010. ... 1) Heard. 2) In Civil Application No.9265/2009 in WP No.3175/2005, the Division bench by order dated 8th October, 2009, in paragraph 3 thereof has directed the University as under : “The Respondent/University is directed to consider the case of the petitioner for promotion to the post of Deputy Registrar (Establishment) in accordance with relevant recruitment Rules within a period of one month from today.” 3) The grievance of the present petitioner 2 is, in spite of there being such directions, they are not complied with in its letter and spirit within stipulated period of one month. 4) These allegations are refuted by the University by filing an affidavit in reply of Dr.Raju Laxmanrao Dhoble, Registrar of the University. He has pointed that pursuant to the directions issued by the Division Bench of this Court, as aforesaid, notice/ call letters were issued to the concerned candidates including the present petitioner. The petitioner herein has challenged the very process of recruitment adopted by the university, on the ground that there operates specific directions of the High Court for promotion. 5) During the course of submission Mr.Nagarkar took recourse to the Statute 61, appearing in Chapter VI of the Maharashtra Animal and Fisheries Sciences University, Nagpur Statutes. Statute 61 is as under: “Manner of appointment of other Officers of the University, - All appointments of the other officers of the University shall be made strictly on the basis of merit except that the posts of Deputy Registrar shall 3 be filled in by promotion from the category of Assistant Registrars or Assistant Comptrollers and the posts of Assistant Registrar and Assistant Comptroller shall be filled in 50 percent by promotion from ministerial staff and 50 percent by nomination.” 6) It is apparent, the Division Bench did not grant unbridled right to the present petitioner to seek promotion to the post complained of as Deputy Registrar. Recruitment procedure, as established by law, is needless to be followed, which the University was contemplating. However, the hurdles created by the petitioner are writ-large. The petitioner desired to defuse and sabotage such exercise carried by the university and now a plea is raised that there is contempt. 7) The very conduct of the petitioner needs condemnation. No merit in the Contempt Petition, it is dismissed. (K.U.CHANDIWAL) JUDGE bdv/cp329.09