1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4839 OF 2005 WRIT PETITION NO.4839 OF 2005 WRIT PETITION NO.4839 OF 2005 Dr. Madhukar Kisanrao Kshirsagar ...Petitioner Dr. Madhukar Kisanrao Kshirsagar ...Petitioner Dr. Madhukar Kisanrao Kshirsagar ...Petitioner Vs. Vs. Vs. The Maharashtra University of Health The Maharashtra University of Health The Maharashtra University of Health Science, Nashik & Ors. ...Respondents Science, Nashik & Ors. ...Respondents Science, Nashik & Ors. ...Respondents ----- ----- ----- Ms. Shilpa Talhar Adv. for Petitioner Ms. Shilpa Talhar Adv. for Petitioner Ms. Shilpa Talhar Adv. for Petitioner None for Respondents None for Respondents None for Respondents CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. DATED: 18TH NOVEMBER, 2005 DATED: 18TH NOVEMBER, 2005 DATED: 18TH NOVEMBER, 2005 P.C. P.C. P.C. 1. Petitioner applied for the post of Reader in 1. Petitioner applied for the post of Reader in 1. Petitioner applied for the post of Reader in Sharir Kriya Vidnyan subject. His name was Sharir Kriya Vidnyan subject. His name was Sharir Kriya Vidnyan subject. His name was recommended by the Selection Committee. The recommended by the Selection Committee. The recommended by the Selection Committee. The University however, refused to grant approval and the University however, refused to grant approval and the University however, refused to grant approval and the same was communicated to the Petitioner. This being same was communicated to the Petitioner. This being same was communicated to the Petitioner. This being the subject matter of challenge before this Court. the subject matter of challenge before this Court. the subject matter of challenge before this Court. 2. The Petitioner was selected based on the 2. The Petitioner was selected based on the 2. The Petitioner was selected based on the advertisement which is at Exhibit-‘H’ to the Petition. advertisement which is at Exhibit-‘H’ to the Petition. advertisement which is at Exhibit-‘H’ to the Petition. The advertisement clearly sets out that the Essential The advertisement clearly sets out that the Essential The advertisement clearly sets out that the Essential Educational Qualifications and Experience are Educational Qualifications and Experience are Educational Qualifications and Experience are Postgraduate qualification in the subject/speciality Postgraduate qualification in the subject/speciality Postgraduate qualification in the subject/speciality concerned included in the schedule to Indian Medicine concerned included in the schedule to Indian Medicine concerned included in the schedule to Indian Medicine Central Council Act, 1970 and the total teaching Central Council Act, 1970 and the total teaching Central Council Act, 1970 and the total teaching experience of five years. Admittedly the Petitioner experience of five years. Admittedly the Petitioner experience of five years. Admittedly the Petitioner holds the Degree of BSAM which is not a Postgraduate holds the Degree of BSAM which is not a Postgraduate holds the Degree of BSAM which is not a Postgraduate qualification. Considering that the Petitioner does qualification. Considering that the Petitioner does qualification. Considering that the Petitioner does 2 not have the qualification as required, the rejection not have the qualification as required, the rejection not have the qualification as required, the rejection of of of approval of the Petitioner cannot be faulted for. approval of the Petitioner cannot be faulted for. approval of the Petitioner cannot be faulted for. 2. In the light of that this Petition is 2. In the light of that this Petition is 2. In the light of that this Petition is dismissed. No order as to costs. dismissed. No order as to costs. dismissed. No order as to costs. (F.I.REBELLO J.) (F.I.REBELLO J.) (F.I.REBELLO J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.)