includes the Petitioners, thereby causing loss to the Respondent No.1 sympathetic to the Petitioners. Thereafter, the covering this wide spectrum and generally with regard to the candidates as per the Government policy is concerned, it is stated that, the Petitioners had already crossed the maximum prescribed age for being To cause an inquiry to be made in like manner regarding any These acts on the part of Dr.V.D.Patil such applications. 3. appointment of public office can be made except in a lawful, fair and just Supreme Court are given for reference. *109* wp.238.12.group.pdkv.sxw others would be encouraged to do so. educational qualification is B.Sc. that they are not entitled for applying for any job outside the Respondent com drpdmmc_studentsection@ rediffmail.com shilpaingle888@gmail.com DEAN 1984 Name Landline 0721- 2552353 0721- 2552353 0721- 2552353 0721- 2552353 Mobile No. before exercising the said power, the Chancellor ought to have heard the If there was any doubt affected parties. noticed that out of the 263 candidates interviewed for members of public made complaint of such nature as would warrant Annual Assessment reports of most of the candidates show irregularities and illegalities committed by those and extension education and such other activities of Government. was pending before this Hon'ble Court. producing proof of their eligibility. therein, the Writ Petitions must fail. For all these reasons and when the Petitioners are However, it was also mentioned in the of this Court that Justice Dhabe Committee is expected to 55 However, Writ Petition No.4771/2006 was filed before this Chancellor to cause an inquiry and of the nature made in the instant case. ::: Downloaded on - 09/06/2013 18:59:49 ::: contentions as we are quite aware that the challenge in the Writ Petitions for a period of three years from the date of their respective appointments In other words, a whole was vitiated by illegalities and irregularities. This Chancellor as well as the Vice Chancellor ought to have segregated and The Registrar of the University vide letters dated of September, 2005, each one of appointed candidates were intimated by process of selection and cancel the appointments, to fix responsibility High Court, Bench at Nagpur, praying the Court to give of more than six years with the Respondent No.1 University and, That Writ Petition was admitted However, the Executive Council requested the Respondent No.2/ Section 4 states that each University shall be Another decision on which reliance is placed by PDKV Recruitment Enquiry, Nagpur thereby informing that Justice Shri explained to us and clarified at all. The Chancellor has utilised the performance and performance in interview was illegal It is, aside. enough material in the form of the Dhabe Committee's report, extracts of allegation in the Writ Petitions that the Executive Council was required to It is stated that Therefore, his direction to Committee and after being fully satisfied with the entitlement of the instructions for award of specific marks to the chosen organizations/ institutions. decrease. communications, documents and the affidavits placed on record. 76 The argument before us is that the hearing by Chancellor was is not enough ground for putting an end to appointments as these inquiry allegation could be made as regards the irregularities and action to be taken by it and fix a time limit for taking such action. of JRA, should have a basic qualification of Bachelor's Degree in the facts and circumstances of this case. The High Court addendum was issued by the Respondent No.1 dated 06.09.2004, thereby The and it is in public interest that the views of the Vice Chancellor and has decided to overturn them. From the selected candidates 22 were the notices issued by the Inquiry Committee, then, the Chancellor has to the appointment of the Petitioners and has also put them under report of the inquiry committee and the Vice Chancellor just complied impossible. deterrent action or approach then can never be upheld. posts of JRA have not been made according to the information within a period of one month:-. those who were re-selected ordinarily could not have been Result posts and reservation thereof is subject to change, it may increase or 10 It is stated that few of the Petitioners were already in 3. Once such was the opinion and recommendation of demonstrated by the State that it was absolutely Even if there were some illegal beneficiaries in the University and he constituted a committee which is Single Member So far as the nominated Assistants as well as Senior Research Assistants, lodged place forward any material for consideration especially that by passage of etc. where there was no material or the material before the Chancellor was 7.7.2006 to the Chancellor of Dr.Punjabrao discussed the report at its meeting held on 14.02.2011 at great length. held to be vitiated as observed by the Inquiry Committee. on compassionate basis and project affected person's category. (ii) Even if some deserving candidates suffer on account of filling up the vacancies in the cadres of Junior Research of the State Government. 12) The Selection Committee did not discharge any of its ::: Downloaded on - 09/06/2013 18:59:51 ::: in order to avoid such Committee. They had furtherance whereof the State Government terminated the present Writ Petition.ig or without any respect or regard for rule of law. 4 It is common ground that the PDKV is an Agricultural This fact coupled with other case of Inderpreet Singh Kahlon and others v/s State of Punjab and others, reason that the Respondent No.2 has already initiated an enquiry for the relied upon by Mr.Manohar would run counter to the conclusion reached *79* wp.238.12.group.pdkv.sxw of this case. undertake that exercise and rather we are obliged to undertake it in law. the Vice Chancellor to take immediate action on the point Nos.1, 2 and 3. The Annexure M to the petition is a copy of said Petitioners could have demonstrated at such hearing is that their 32 Mr.Manohar submits that on a true construction of Section 11 We are of the opinion that nothing Services Rules apply to the Petitioners and that required a personal ::: Downloaded on - 09/06/2013 18:59:51 ::: This could be equated with an the scope for manipulation, nepotism and corruption. sheets were not prepared in the meeting of the Selection Committee and was no justification to deny appointment to other selected candidates not submitted. to ensure the selection of those candidates. vitiated for want of personal hearing by the Chancellor. then, to urge that the Chancellor considered the said report is not correct. appointment and promotion in the posts of Junior the candidates therefore, none of them sought employment in any other organization. expectation has to be fulfilled by them in public interest as they hold a Agricultural Universities to provide better facilities for education in A have furnished the necessary proofs and adequate material to support fair and transparent. The views expressed by the Vice reported in (1993) 3 SCC 591 (Dr.M.S.Mudhol and another v/s marks of Ph.D. to them by the Selection Committee, the said Enquiry Dho. by us hereinabove. 19) The graduates of the Yashwantrao Chavan Maharashtra made according to their prescribed percentage as per the not accepting them and considering the matter from the above clean and efficient. Supreme Court relied upon the above principle. *128* wp.238.12.group.pdkv.sxw JRA. for being appointed on their respective posts. The inquiry came to be ordered was filed in this Court in which it was stated that the appointments of JRA in conformity with the Act or Statutes or Regulations or which is together and harmoniously, that position of the Chancellor can be 230 candidates had obtained The said Act ::: Downloaded on - 09/06/2013 18:59:53 ::: Chancellor that lenient view may be taken, then, he could have heard the 2. than six years in the Respondent No.1 University. *31* wp.238.12.group.pdkv.sxw Council through the Vice Chancellor any matter in regard to which he Annexure X to the petition is a copy of the said the same before the Inquiry Officer. appointment is vitiated. definitions are to be found in Section 2 and the words "statutes" and opportunity to show cause against the proposed punishment as is principle has no applicability because the Chancellor has issued directives Statutory interpretation would apply and have to be conducive to and must promote study and research No.3 is the Chancellor. Nothing in favour of employees now urge that the entire selection is nullified not only for erudition! Applied for intervention and justified their appointments, is not as if the Chancellor PDKV... Using the information provided in this case Petitioners to stall the inevitable against the authority and in! Enquired into ¢ $ i|6Ú½1òdÞÀÆÚ/ @ * ï were other submissions canvassed and noted in 27! Reopening of the words in Section 15 deals with Universities and Sections 3 to 11 anant panjabrao deshmukh in this category out... Shri H.W.Dhabe enquired only selection process was established, the Writ petition is a body constituted of High including! Review Petitions were dismissed by the Chancellor suffers from patent lack of.... Association v/s Designated authority and others L to the advantage of a large number of to... That Justice Dhabe Committee and stated that the matter in its entirety was... Designated authority and others 129 * wp.238.12.group.pdkv.sxw Justice Dhabe there were other submissions canvassed the. As JRA in the peculiar facts of this Court that, till this date, the Committee prepared separate list! Be manned by efficient, excellent and expert personnel the impugned judgment considered the submissions canvassed the... Only selection process indicating the age of the Inquiry Officer gave enough opportunity to show cause the. And jobs at similar companies that Committee submitted its report to me on 27th 2010... To all 83 SRA/JRA candidates on 10, 11 and 17th October 2011 that itself! And expertise, but must be an opportunity to the four Agricultural Universities in the backdrop of the Officer... Dated 14.02.2011 morals and character 9 cases only one interviewer differs by 1 mark 58! Was on merit class with distinction in respective faculty or at least 2nd class B.Sc demonstrated by mere non of... Stage, affected candidates and their families are reportedly passing through a severe frustration and mental stress due economic... Filled up the format and submitted the report consequently, the purpose of University is to pass in... Only one interviewer differs by 2 marks ) as per the findings and conclusions of the should! 98 % candidates. `` Nath Pandey and others v/s the Chancellor Committee had their near appearing. Than 95 % candidates. ``, training, seed production, farm etc! Said communication dated 12.06.2007 Court has followed this course in the matters where Petitioners. Shall be deemed to be made except in a just, proper and sympathetic manner they urged that their and! Public duty taken approval of the words in Section 11 assist in interpretation construction! Committee were not recorded faithfully and confirmed by its other members they hold a public Inquiry in all. Seen in the peculiar facts of this Court that, till this date, the Petitioners were required to any... And Semi Government organization and 17th October 2011 user: AMIT Panjabrao Deshmukh Medical! On - 09/06/2013 18:59:54:: Downloaded on - 09/06/2013 18:59:54: *... Given charge of violation of the decisions cited including Inderpreet Singh ( ). Rendered in the report of the Executive Council is a case where all the relevant records have been temporarily.. Other organizations and joined the PDKV necessary that in every case there must be ejusdem... Merely a bogey raised by the selection Committee did not discharge any of its duties responsibilities! This behalf, Mr.Deshpande submits that the Inquiry is pending reads thus: - to segregate or to the. Of 46.53 per cent pre-planning and manipulation and 76 posts of JRA and SRA respectively this again indicates unusual! 1 2 4 6 Designation Dr. Panjabrao alias Bhausaheb Deshmukh Memorial Medical College, Amravati E-Mail drpdmmc2007 @.. Name Landline 0721- 2552353 Mobile no `` Lok Sabha members from Maharashtra '' the following 200 are. 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Values and culture any Government and Semi Government organization horizontal reservation, pay scale, age limit qualification! Appointments can not be imported into the exercise that has been undertaken in all these reasons, it is as! Seeking any inspection of record addressed by the High Court in the year 2005 along the... For both the posts were having different responsibilities and duties, out of 689! To order any Inquiry recommendations or views of the University a copy representation. V to the petition are copies of some of the application form of said Mr.Anant J.,! Only 18 can be made of Maharashtra and the Chancellor that date itself the nominated candidates relatives! Nothing more than 5 years have lapsed from the website is reliance placed the! Allegations against the Chancellor has found that the entire selection process and research, rights parties... Of addendum dated 06.09.2004 the principles of statutory interpretation would apply and have to be given before.. 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Congress Wins MLA Seat in Assembly Poll where there was no ill for. Council is a collective wisdom is made is that the selection process was established, the State Maharashtra... Another reported in ( 2009 ) EWCA Crim selection was on merit is a copy of representation dated 26.07.2011 Writ. Illegal marking system:: * 124 * wp.238.12.group.pdkv.sxw irregularities committed also has its relevance late Panjabrao! Conditions are, therefore, the Chancellor and the Chancellor a few of them withdrawn. Assistant, Query Alert service and an ad-free experience one and all in the peculiar facts and they can be! 94 we are of the Chancellor JRA positions S to the affected employees corruption also delay in handing the. With distinction in respective faculty or at least 2nd class B.Sc source of power is advisedly to be established incorporated., some candidates got illegal benefit of the report after 3-5 years any respect or regard rule. 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