(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 5210 OF 2010 Sanjay s/o. Kisanrao Pawar, Age : 42 years, Occupation : Service, R/o. 10, Amar Housing Society, P-1, N-8, CIDCO, Aurangabad, District : Aurangabad. .. Petitioner. versus 1. The State of Maharashtra, Through the Secretary, Higher and Technical Education Department, Mantralaya, Mumbai 32. 2. The Joint Director, Higher and Technical Education Department, Aurangabad. 3. Dr. Babasaheb Ambedkar Marathwada University, Aurangabad, Through its Registrar. 4. Vivekanand Shikshan Sanstha, Vivekanand College Campus, Samarthnagar, Aurangabad, Through its Secretary. 5. Vivekanand Arts, Sardar Dalipsingh Commerce and Science College, Samarthnagar, Aurangabad, District : Aurangabad. .. Respondents. (2) ....................... Mr. V.D. Hon, Advocate, for the petitioner. Mrs. A.V. Gondhalekar, Assistant Government Pleader, for respondent nos.1 and 2. Mr. S.S. Thombre, Advocate, for respondent no.3. Mr. R.N. Dhorde, Advocate, holding for Mr. V.R. Dhorde, Advocate, for respondent no.4. Mr. D.J. Choudhari, Advocate, for respondent no.5. ........................ CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATE : 7TH OCTOBER 2010 COURT'S ORDER (Per B.R. Gavai, J.) : 1. The petitioner challenges the advertisement dated 2nd June 2010, issued by the respondent nos.4 and 5, for filling up the post of Registrar by nomination. 2. Mr. V.D. Hon, learned Counsel appearing for the petitioner, submits that since the respondent no.4 / management is running only one college i.e. respondent no.5, there is only one post of Registrar available and that the said post of Registrar is required to be filled in only by promotion and not by (3) nomination. He relies on the Government Resolution dated 5th January 1988, in support of the said proposition. He further submits that even reply filed on behalf of the State supports his contention. 3. The relevant provision of the Maharashtra Non- Agricultural Universities and Affiliated Colleges Standard Code (Terms and Conditions of Service of Non-Teaching Employees) Rules, 1984, reads thus : "(3) RECRUITMENT :- II) Registrar of the Colleges, and other Non- Teaching posts included in Class-II. (i) Except as otherwise provided in the Acts, appointments to these posts shall be made either by promotion or by nomination in the ratio of 50:50. " No doubt, that the reliance placed by the learned Counsel appearing for the petitioner, on the Government Resolution dated 5th January 1988 cannot be faulted with. In the said Government Resolution, it has been stated that in such of the non-government colleges, where only one post of Registrar is available, the same shall be filled in from the employees in Class-III category by promotion. It further stipulates that, (4) however, if a candidate suitable to occupy such post is not available, then the same should be filled in by nomination. 4. It is a settled principle of law, that the Government Resolution cannot supersede the statutory rules. The statutory rules clearly provide that the appointments to the post of Registrar shall be made either by promotion or by nomination, in the ratio of 50:50. It is, thus, clear that the employer would be required to maintain roster and as per roster, the post will have to be filled in, at one point of time, by promotion, and at subsequent point of time, by nomination. Undisputedly, at earlier point of time, the post was filled in by promotion. As such, no error could be found with the action of the respondents, in filling up the post by nomination. 5. The petition is devoid of any merit and it is accordingly dismissed. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp5210