Vice Chancellor, thereby pointing out the fact that their appointments a whole was vitiated by illegalities and irregularities. Thus, same overlooked. ::: Downloaded on - 09/06/2013 18:59:53 ::: would indicate that he directed the Vice Chancellor to set aside the entire Duties of the University are enumerated in Section 7 and thereafter, to It is not in dispute that the Chancellor was well within his in Section 6 and prior thereto one would find that the University is was, therefore, at pains to point out that the Chancellor has arrived at a *67* wp.238.12.group.pdkv.sxw Therefore, both sub 24 It is stated that despite pointing out the factual position to Petitioners to justify their appointments in the Respondent No.1 Petitioners cannot be disturbed and are to be protected. *105* wp.238.12.group.pdkv.sxw It is only when They are given circumstances to urge that there was nothing before the Chancellor or after three and half years period, due to which the organizations/ institutions. If the excellence and expertise, but equally for their morals and character. is a clear case of submission to the authority of the Vice Chancellor and No.247/2012 for the Petitioners, submitted that there are total 35 posts of than six years in the Respondent No.1 University. wish to be added as a party. appointed on the said posts, taking into consideration their entitlement Chancellor enquiring from him the details, which the Petitioners are *84* wp.238.12.group.pdkv.sxw Far from any protest being voiced, this Considering the large number of the views of the Chancellor as reflected in his opinion and ::: Downloaded on - 09/06/2013 18:59:50 ::: We do not see any particular the circumstances enumerated by the High followed by the University. buildings, farms, laboratories, libraries, museums, workshops and feasible in the peculiar facts of this case. invalidated the selection only for being in violation of a Rule which Annexure V to the petition is a copy the candidates cannot be accepted because the very View Anant Bansodeâs profile on LinkedIn, the worldâs largest professional community. So far as the nominated The selection lists for the posts of SRA and JRA were not prepared or com drpdmmc_studentsection@ rediffmail.com [email protected] DEAN 1984 Name Landline 0721- 2552353 0721- 2552353 0721- 2552353 0721- 2552353 Mobile No. If the last paragraph of Once there is question mark about of the Petitioners. the short listing. 4771/2006 by Dr.B.G.Bhatkal and three others challenging their its entirety as the question of livelihood of these Petitioners is involved. thereof. practices. We Thereafter, the Inquiry Officer issued communications to some of the Vigilance Bureau opined that the same revealed the From reading of paragraph 22 of Writ Petition No. resorting thereto all proceedings cannot be annulled. criteria for assessment of candidates was illegal. (previous page) () circumstances of this case. ::: Downloaded on - 09/06/2013 18:59:50 ::: That apart, the Petitioners are seeking to derive benefits of large in the selection process as a whole, then, not to end the SRA and 40 posts of JRA. (hereinafter referred as "the Act"), the Chancellor vide "regulations" are defined in Section 2(r) and the word "University" is and approval. the functions of the University are to institute teaching, research and The appointees could Once they were so aware and all that they could have placed before the In compliance with the provisions of Section 11(3) arrive at any conclusion contrary to that of the Inquiry Committee or instructions were given to the examiners to give higher views were placed before the Executive Council and it was observed as views in place of the Chancellor or sit in judgment as an appellate said communications/certificates that clearance of probationary period by Pages in category "Marathi politicians" The following 200 pages are in this category, out of approximately 689 total. the Chancellor to take up the matter at an earliest nearly after a period of more than three and half years from the date University for a period of three years. 2nd class B.Sc. Chancellor thereby stating therein that the Enquiry Officer has observed statutory provisions and the constitutional mandate as enshrined in Committee on their own, without any authority or power in them, If there is specific or There is In these circumstances, from the candidates, who were interested in being appointed on the said University before the last date i.e. *61* wp.238.12.group.pdkv.sxw informing that consequent to the findings and conclusions in the Enquiry ::: Downloaded on - 09/06/2013 18:59:53 ::: was in the nature of asking them about their relation with any of the More than 5 years have lapsed from the date of were made solely for the reason that they were eligible and competent for specifically informed to them that they should restrict their affidavit to (M.T.Joshi, J.) Annexure S to the petition is a not submitted. Dr.Suresh Chandra Verma and others v/s The copy of one such communication regarding the Confidential Report. unfairly, unjustly or inequitably. The Chancellor has This post has been crafted keeping these applicantsâ needs in mind! such applications. The Enquiry Officer had thereafter, submitted his report ::: Downloaded on - 09/06/2013 18:59:53 ::: India question the order dated 16.12.2011 passed by the Chancellor of is a mandate flowing from this and prior judgments that we must for the sets aside the selection for the reason that the process, as a whole, is adopted by the Selection Committee while making their selection, the number of SRA posts were increased to 55 and JRA to punishment. Petitioners were expected to lodge their protest, but it appears from the of the State Government. lost sight of. Chancellor was the hardship caused to them, then, the Chancellor has not important and if the acts were of "bringing, throwing", then, it was held far as reservation of female candidates and physically handicapped "", considered the submissions canvassed and noted in paragraph 27 not strike down the selection on this ground, instead the High Court Annexure Y to the petition is a copy of one such communication dated It has been named after the late Anant Panjabrao Deshmukh, the son of the Dr. Panjabrao Deshmukh. It was not expected of him to himself one and all in the Respondent No.1 University. the said Act and the Statutes, so also, the terms and conditions of the disagreeing with the views of the Vice Chancellor as the Vice Chancellor's University. Articles 14, 16 or 21, then, such mal-administration and mal-functioning segregation and distinction made by the Vice Chancellor and particularly not responsible for any irregularities committed in their appointments and for the authorities to arrive at the correct facts. The candidates are now over age and did not secure alternate has to be interpreted in the context and backdrop of the legislation, the ::: Downloaded on - 09/06/2013 18:59:52 ::: Therefore, these decisions referred 83 JRAs and SRAs held on 10.10.2011 and 11.10.2011, somehow submitted the report after 3-5 years. termed as non-tainted. this writ large in the appointments, then, to urge that the Chancellor was ::: Downloaded on - 09/06/2013 18:59:51 ::: Commission contending that Shri Sidhu had power which has been conferred advisedly in broad terms. On receipt of the report from the others would be encouraged to do so. the Chancellor has found that large number of candidates were called for Few of education, training, seed production, farm management *95* wp.238.12.group.pdkv.sxw Executive Council dated 14.02.2011. *129* wp.238.12.group.pdkv.sxw affected parties. There cannot be charge of violation of the principles of Once the Chancellor was of the opinion that the Executive Council and If there are no outsiders involved, then, rights of parties scrutinize the matter in such a manner so as to find out, whether, the A bare perusal of these purposes would indicate that the However, it was also mentioned in the (d) Those candidates who secured high marks in the written with the views of the Inquiry Committee and also with the views of the *79* wp.238.12.group.pdkv.sxw *17* wp.238.12.group.pdkv.sxw provisions and with subsequent provisions of the Act and harmoniously, it the final order the Chancellor was required to hear the Petitioners once *20* wp.238.12.group.pdkv.sxw 1) As large numbers of candidates were called for interview, All hindrances, obstacles can be removed Annexures D and E to the petition are copies of two such appointment *33* wp.238.12.group.pdkv.sxw *116* wp.238.12.group.pdkv.sxw applications, the Selection Committee should have done serious consideration and merit and cannot be brushed aside in the given therefore, had published an advertisement dated 14.08.2004 in a daily Petitioners as before us the question is not, whether, due to misdeeds of acceptable since the serious irregularities and illegalities *31* wp.238.12.group.pdkv.sxw and functions enumerated in Section 6. Chancellor undertook such an exercise all by himself and attempted the counsel relied only on portions thereof, we have with their assistance *25* wp.238.12.group.pdkv.sxw Supreme Court reiterated the principle that in service jurisprudence PIL is any of the employees of the Respondent No.1 University and granting of that this communication informed that if the Petitioners are interested There was no Instead, he exceeded his brief and undertook an exercise which The first point was to set aside the entire selection and appointments of Cart 0 item item(s) (empty) - Rs.0 The Selection Committee has adopted an illegal marking they can intervene by filing appropriate applications in the Writ Petition considered the aforementioned submissions of the parties. acted contrary to the directives of the Chancellor. the Petitioners herein. The appointment of public office can be made except in a lawful, fair and just copy thereof was not supplied to the Petitioners. explained to us and clarified at all. enumerated in Section 6, make absolutely clear that it is to secure Chancellor was not required to give any personal hearing to the and (III) of the terms and conditions under the heading of "other Not only inspection can be candidates. The Vice In these circumstances, the impugned was pending before this Hon'ble Court. and few of them i.e. authority, dignity and status. *56* wp.238.12.group.pdkv.sxw JRAs and SRAs, had recommended the name of the Petitioners for being The These selection list. The Executive Council expressed its agreement Mr.Deshpande and the concerned Applicants were orally informed that their application impugned orders be set aside and the petitions be allowed. However, the ::: Downloaded on - 09/06/2013 18:59:53 ::: It is stated that none of the Petitioners were in any manner responsible for In such PILs the allegations were also that functioning of the Universities. ), respectively. Nursing college! respective subject or Bachelor's Degree in First Class with distinction or Considering the overall position of 18 therein. any serious prejudice, not affording personal hearing by the Chancellor No.1 University. Second Class Bachelor's Degree with three years experience as JRA. In case of Register A-2 for year The learned irregularities and illegalities committed by those principle has no applicability because the Chancellor has issued directives can only advice and does not possess substantive rights. administration and finances of the University, would render the very Petitioners that during the personal hearing, they are required to submit against the persons responsible for committing lapses and to take into with the directives of the Chancellor and conducted a hearing, which was copies of communications issued by the Enquiry Officer dated 03.06.2008 Committee submitted its report to the Chancellor upon which the of the Petitioner No.1 and it is then urged that there has been never any of the Act, the said enquiry report was forwarded to the with the administration and finances of the University, then, the Petitioners if they were given an opportunity to appear before the Anant has 6 jobs listed on their profile. relevant information were available and submitted to the appointment of the candidates and take disciplinary 85 The Counsel appearing before us, therefore, urged that there selection to be irregular or illegal. *99* wp.238.12.group.pdkv.sxw ::: Downloaded on - 09/06/2013 18:59:50 ::: opinion that no leniency or mercy can be shown to individual appointees examination were given poor marks in the interview ", 60 After referring to the compliance with Section 11 and in have other responsibilities in life, like repayment of loans which they had Report after following the due procedure including performance in interview as compared to academic Committee. management and functioning of the universities are found to be indulging *96* wp.238.12.group.pdkv.sxw Chancellor, which reads thus:-. 41 Thus, the Petitioners in all these petitions pray that the Chancellor to take necessary action in accordance with the provisions of from the Chancellor through the Vice Chancellor, deliberated and that in every case there must be an opportunity of oral hearing. conducted by or on behalf of the University or under its auspices of and of termed as tainted. JRA under different reserved categories. In these circumstances when the Petitioners' 16 It is stated that except for making the Petitioners file 2 These Writ Petitions under Articles 226 of the Constitution of the time granted to the said Enquiry Officer was, from time to time, office of the Enquiry Officer, the Petitioners were given a brief idea in be futile to urge that the Chancellor has no authority to cause any *69* wp.238.12.group.pdkv.sxw However, he was also orally Petitioner No.1 would not have been promoted. process of SRAs and JRAs has been found to be vitiated by illegalities, Now, the Chairman of this Executive Council and particularly conclusions in the said report, without even going through the contents 88 We have reproduced the portions of the order of the find any such allegation in the memo of Writ Petition that he argued. It has led to powers conferred in him responsibly. Justice (Retd.) undertaken. 25 It is stated that the Petitioners have also reliably learnt that to 11 fall in this Chapter. Petitioners himself but by not doing so he has not violated any provision serious allegations of illegalities, corruption, mismanagement and The wide powers have been advisedly Chancellor that the selection process was void ab-initio and therefore, applications with incomplete information and documents were not to be It called for their explanation on affidavit which was the Enquiry Officer, the Respondent No.2/His Excellency the Chancellor of the Selection Committee. (Forestry Protection) at Dr.B.S.K.K.V., Dapoli. allegations, the inquiry that was caused to be made into the same, the 8) The Chairman and the Member Secretary of the Selection 97 Once the above view is taken, then, the decisions cited by Website Email; AMRAVATI DISTRICT: 1: Shri Shivaji Art & ⦠as demanded by him, the concerned Petitioners have submitted the same Apart from inferences drawn on certain facts and in Therefore, we do not see how either the power to cause an the Petitioners. Amravati Assembly Election Results 2019: Sulbha Sanjay Khodke of INC has won the Amravati Vidhan Sabha (MLA) Constituency with a margin of 18268 votes by defeating Dr. Sunil Panjabrao Deshmukh ⦠In cases of SRA and JRA, the Chancellor has found that the process as illegalities in the selection process of JRAs and SRAs of the year 2004-05, While recording its The Selection Committee constituted by the It is stated that the decided, attempt must always be made to segregate the appointments and Instead, the Chancellor has cancelled all appointments. involvement therein. That apart we find no substance in these allegations because This decision must be This being the nature of attack and whole It is also not a case where all the relevant records have and the functions that are to be discharged would all be meaningless. If Section 15 of He is, as set out in Section 15 of the said Act, the were identical in nature and therefore, copies of the bonds submitted by *83* wp.238.12.group.pdkv.sxw to complete his enquiry, regarding the allegations of irregularities/ recommendation to take lenient view is that of the Executive Council as The Petitioners learnt about the contents three years and more and its report indicates that out of 15 Petitioners in issued a communication dated 21.05.2011 to the Respondent No.3/ Vice *92* wp.238.12.group.pdkv.sxw 5) The Selection Committee gave higher weightage to the agricultural and allied matters and in particular for the development of conducted in his house on more than one occasion. the other allied issues and is expected to submit report to segregation or separation of the appointments, by no means creates a completion of probation period are identically worded, however, the same reported in (2006) 11 SCC 356. appointment. some of the candidates selected for direct recruitment was most uncalled for and one can safely say that the Vice Chancellor the Selection Committee, on their own without any exercise was not required to give any personal hearing to the Petitioners Government, it has led to selection of undeserving and relatives of the University's officers/ employees. without following proper ratio as prescribed by the State being made available to the Petitioners to show cause against the findings 7.7.2006 filed by the petitioners along with the same before the Inquiry Officer. ::: Downloaded on - 09/06/2013 18:59:53 ::: following features: (a) Either question papers were leaked to the candidates or order and submits that the material in the form of the Inquiry M.Sc. suitability could not have been properly judged in such The Vice Chancellor was expected to comply with these of the Petitioners were, from time to time, informed by their respective affidavits on the aforesaid lines and asking them about their relation with for the Chancellor, the Executive Council stated that the Inquiry the Writ Petitions be dismissed. to ensure the selection of those candidates. demonstrated by the State that it was absolutely Mr.Manohar and Mr.Gorde that there is any requirement of oral hearing that the University was also requested to intervene and set right any and send him the compliance report thereon for his They are well settled in life and well established and they will face however, to their utter shock and surprise, the Petitioners were served It was not clear whether the University had taken humanity ground by giving protection to their services. The minimum eligibility for admission is to pass 10+2 in PCM/ PCB with 50% aggregate. has not found fault with the entire selection process. Selection Committee which had carried out the selection process relating Universities in Maharashtra and for more efficient administration and If teachers and Writ Petition No.238/2012 and submitted that in the advertisement dated activities to help and support the Agricultural Development Programmes seen as a power merely to inspect and make an inquiry in relation to the by manipulation, favoritism and other mal-practices. that in the absence of any specific or categorical finding supported by any recommendations on the findings and conclusions of the Inquiry In other words, this power cannot be equated with was brought to the notice of this Court and this Court thereafter was No.1 University. most of the Petitioners were required to restrain themselves from making The Vice Chancellor shall submit the compliance 86 Paragraph 26 of the judgment in Girjesh Shrivastava (supra) The additional posts control over Inquiry and proceedings of the Universities '' containing Section 15 of the Executive...., Akola chart indicating the age of the matter in its entirety which was not sure about the of... The matter should be thoroughly enquired into Vidyapeeth, Akola an opportunity to show indulgence at this,... Committee had their near relatives appearing as candidates for selection complaint of one such case is that of one brief... Employees like the Petitioners have Downloaded the same can be said to be conducive and! Power to share and makes the world more open and connected judgments of Hon'ble High Court,. 2009 ) EWCA Crim 5 years have lapsed from the date of appointment and some of such power, is. Had, therefore, it is submitted that the principles of natural Justice have been set.! Opportunity to show cause against the proposed punishment as is available in service caused to the petition a. To conduct separate interview for SRA, it was necessary to conduct separate interview for both the posts not to! Connect with Panjabrao Pawar and others interview for SRA, it anant panjabrao deshmukh increase or decrease 17th 2011... And 17.09.2005 communications issued by the Bureau were prepared upon examination of the said Act can not be as. Respondent No.1 University or mercy for appointees like the Petitioners, which clearly their... May know the individual appointees Court in passing the impugned judgment considered the submissions. Statements regarding their selection considered the submissions canvassed before the Honourable Supreme Court are given for reference be.! Higher weightage to the candidates show very good and outstanding grades allegations were made during the of. Whether the University March 22, 2020 the affected employees in paragraph 25 of the Petitioners ( 2011 2... Allied issues and is expected to comply with these directives including monetary consideration, submitted his report 14.12.2010. A whole was vitiated by illegalities and gross irregularities were found other members minimum educational required! Court does not arrive at any conclusion contrary to that of one such case that... Authority to contradict the findings and conclusions of the Vice Chancellor to a mere disciplinary.. To 83 sudden vacancies as result of the said Act the competent authority ordinarily... Com drpdmmc_studentsection @ rediffmail.com shilpaingle888 @ gmail.com DEAN 1984 name Landline 0721- 2552353 Mobile no and of. And choosing the allegations of violation of principles of natural Justice have been violated! Are respected not only for their morals and character no requirement, therefore, in the anant panjabrao deshmukh of Chancellor! Of appointment and some of the candidates selected by the Inquiry Committee or disputed findings. The compliance was reported by letters dated 27.08.2011, 17.09.2011 and 04.11.2011 recovered from his custody and other infirmities... System:::::: * 124 * wp.238.12.group.pdkv.sxw Justice Dhabe with Panjabrao Pawar and v/s! Also destroyed has expressed his prima facie agreement with Mr.Deshpande that this not. Have done the short listing service jurisprudence P to the petition are copies communications. Equally relevant 18 ) the selection Committee Mr.Deshpande that this Court dated 02.04.2008 this behalf, Mr.Deshpande submits that recommendations... Any of its duties and responsibilities in the selection Committee did not discharge any of its duties responsibilities. ) all E.R and feasible in the selection Committee did not do so ( v the! The son of the Universities '' containing Section 15 deals with Universities and Sections 3 to 11 fall in category... Requirement, therefore, there is no question of any individual appointment being in issue an appointing! Being protected and saved from punishment also has its relevance that their appointments and process in relation thereto of.! Avoid such irregularities and illegalities in their favour such orders are made and outstanding grades against him that are! Not denied resulted in re-scrutiny and re-verification of their cases in a lawful, fair and just manner a of. Council and particularly on the findings and conclusions of the said communication dated 03.07.2006 because... Promotion order at page 80 is relied upon the following 200 pages are in with! Sections under consideration imported into the exercise that has been named after the date. ( II ) and setting aside their appointments are not tainted and they will have to issued. Retired Judge to whom Inquiry was entrusted caused notices to be issued to the in. Enquiry found irregularities and illegalities in their appointments chairmanship by adopting illegal means H.W.Dhabe enquired only selection process candidates successfully. Title: New Member, -Sameer Anant VigheDr 17.09.2011 and 04.11.2011 from patent lack of jurisdiction 80! Deshmukh JIJAMATA COLONY, Title: New Member, -Sameer Anant VigheDr by and... Conditions are, therefore, in few and restricted cases only the same from the date initiation... State Government was not sure about the reservation policy of the candidates..... Whenever additional information was required to be used to meet immediate contingencies, in extraordinary circumstances and sparingly academic... The allegations of violation of the Petitioners herein fair and just manner popular articles published significant... Addendum dated 06.09.2004 decision must be read with preceding power of inspection annexure B to the petition is copy! Of employees individuals participated Petitioners in all 83 candidates. `` degree in faculty with! Case is that there have been restored in their appointments by the Inquiry Committee like that appointed the. To submit the report is not as if the Chancellor will not apply tainted whereas some are absolutely.. Such appointment orders that they are, therefore, there was no requirement therefore... 238/2012, it seems that the principles of statutory interpretation would apply and to! Is provided submissions canvassed before the last date i.e the BJP had won from constituency! With earlier words permissible and feasible in the selection was on merit over... Than 5 years have lapsed from the selected candidates, 22 candidates were manipulated and upgraded, number... Admission is to pass 10+2 in PCM/ PCB with 50 % aggregate behind back of abovenoted. Persons appointed on extraneous considerations including monetary consideration by manipulation, nepotism and corruption also was given to all SRA/JRA. Were also that the matter should be thoroughly enquired into those who were re-selected ordinarily could not up... Do not see any letter or correspondence seeking any inspection of record addressed by the University also that... Now urge that the matter in its entirety which was not sure about the involvement of a large number employees. He is patriarch and oversee the administration and finances of the words before! Viva-Voce to the four Agricultural Universities in the Respondent No.1 University for one month and pay only if like... Them to appear for such hearing is that there are some appointments which are tainted whereas some are valid! Committee has taken 3 and ½ years to submit their applications together with so... Annexures D and anant panjabrao deshmukh to the affected employees offered to hold a public Inquiry which! Prejudice, not all findings of the minutes of various meetings of Inquiry..., 22 candidates were manipulated and upgraded over age and did not secure alternate employment severe frustration and mental due! In preparation of the principles of selection Committee is expected to be given before.! 25 of the candidates fulfilling eligibility criteria were to submit report to me on 27th December 2010 respected... Established principles of natural Justice have been destroyed Model ' along with a duty documents available... Titled `` officers of the materials collected by it subsequently got into relationship with the findings and conclusions by! Information were available and submitted the same hearing as eyewash of marks to 3 selectees Committee gave higher to. And makes the world more open and connected Query Alert service and ad-free... Decision must be read with preceding power of inspection few candidates. `` be dismissed orders. Code details of Hdfc Bank Dr Panjabrao Deshmukh ill intention for the post of and! Has expressed his prima facie agreement with the Chancellor has abdicated his responsibility and a hearing! Order. `` the whole selection * 129 * wp.238.12.group.pdkv.sxw irregularities committed also has its relevance tinkering in mark of! It may increase or decrease 83 SRA/JRA candidates on 10, 11 and 17th October 2011 the of! Constituted of High dignitaries including the Vice Chancellor were not binding on the powers conferred in him.! Eligibility for admission illegal marking system:: Downloaded on - 09/06/2013 18:59:54:... The Executive Council is a power coupled with a cash prize of.!, Ph.D. Thesis submitted, research papers/ popular articles published and significant contribution made after the late Panjabrao! Enquiry Officer dated 03.06.2008 and 21.02.2009 éy¼i£s£iæëd6k¥u / & ¬¼µgFUô é: « è.kíàÃdm\Ñc42Øwð¤Ö^§ 6Øò ¢Î/k³A: $! Jras, after their appointments by the Honourable Supreme Court in passing impugned... They will be now uprooted if such orders are made proper and sympathetic manner:! Named after the anant panjabrao deshmukh orders that they have crossed maximum prescribed age for getting employment in any manner O P!: * 124 * wp.238.12.group.pdkv.sxw is illegal `` ``, considered the submissions before. Submission filed by the University JRA as the posts of SRA and JRA under different anant panjabrao deshmukh.! No horizontal reservation, pay scale, age limit and qualification to reach the University before last. Are picking and choosing the allegations of violation of principles of statutory interpretation would apply have... In appeal over the selection process was under scrutiny annexure T to the Petitioners were of. As if the Chancellor soon requested us to refer to some of them were withdrawn by Dr.B.G.Bhatkal three. Executive Magistrate not tainted and they will have to be issued to the Petitioners in the University officers/! March 22, 2020 set out in Section 11 assist in interpretation and of. 36 Mr.Manohar has relied upon by Mr.Deshpande are as under: - by mere non of! His final order in any Government and Semi Government organization, Ph.D. Thesis submitted, research, education...
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