RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1 st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By :
(1) Dr. Mrs. Madhavi Ayachit (Mardikar)
(2) Shri D. C. Wankhede
(3) Dr. Mrs. Veena Kawle
(4) Dr. M. V. Singh
(5) Prof. B. Dhotre
(6) Shri Sunil Bhotmange
(7) Shri A. K. Pande
(8) Dr. Mrs. V. A. Joshi
(9) Shri A. P. Joshi
Matter : Six Heads of the Department Elections 2010-11
Order: These Nine appeals filed by the teachers who are claiming to be the lecturers in Physical Education
and are seeking inclusion of their names as Head of the departments in Physical Education for the
constitution of Board of Studies in Physical Education & Recreation (Board Code No. 602) and subject
code (602) Physical Education & Recreation under the Faculty of Education (Faculty Code-6).
I have heard the appellants as well as the Retuning Officer.
The subject Education and Physical Education are covered by the provisions of NCTE of 1993. As
a consequence the courses of Education or Physical Education which are approved by the NCTE would be
competent courses for subject code No. 601 & 602.
The appellants who are claiming representation on the Board of Physical Education are admittedly
not appointed as lecturers in Physical Education in the college of Physical Education duly approved and
recognized by NCTE. They are working as lecturers in Physical Education for the courses like Arts,
Commerce, Science, Social Science, Home Science, etc. There is also no dispute that subject Physical
Education is not a subject of examination in any of these faculties and no examination is conducted by the
University for the students of these courses in the subject of Physical Education. The teachers who are
appointed as lecturer in Physical Education for the course of Physical Education approved by NCTE are
essentially covered under subject code No. 602. The Returning Officer while deleting their names from the
inclusion to the Preliminary Electoral Roll of Heads in the subject of Physical Education has given reasons
that the teachers who are validly appointed and approved teachers of recognized course of Physical
Education conducted in the college and duly approved by the NCTE can only be included as Heads of the
Department under the said Board. Similarly, it has been held by Returning Officer that the subject
“Physical Education” available in these colleges (Arts, Commerce, Science, Social Science, Home Science,
etc.) is not a part of the examination conducted by the University and hence marks are not assigned in the
said subject in the mark list of concerned examinations leading to conferment of the degree.
The reasons assigned by the Returning Officer are just and proper as the course of Physical
Education & Recreation which needs to be the foundation for Board of Studies is the one which is within
ambit of NCTE. Hence, there is no case made out for interferring with the decision of the Returning
Officer. The appeal therefore does not carry any merit stands dismissed.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority.
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Shri Dilip T. Jaiswal
Appeal Against: (1) Mohammad Asif N Sheikh. (2) The Returning Officer
Matter : Six Heads of the Department Elections 2010-11
Order: This is an appeal filed by Shri Jaiswal challenging the inclusion of name of Shri Mohammad Asif
Sheikh as Head of the Department in Physical Education & Recreation in Ramesh Dhawad College of
Physical Education, Nagpur.
I have heard both the parties at length. The following facts are not in dispute.
For the post of lecturer in Physical Education at Ramesh Dhawad College of Physical Education ,
Nagpur the interviews were held on 6.1.2011 and Shri Sheikh who was selected had joined the college on
8.1.2011. His name was submitted by the Principal as Head (Senior most lecturer in Physical Education &
Recreation) on 7.1.2011 even before Shri Sheikh had joined the post. The approval to the appointment of
Shri Sheikh was granted by the University vide dated 4.2.2011.
It is the contention of Shri Sheikh that as the approval was granted from the date of joining, he
should be treated as approved lecturer from 8.1.2011.
The last date for submitting the names by the Principal to the University was 10.1.2011 and in the
event of any shortcomings time upto 18.1.2011 was available to remove the deficiencies.
The Principal was required to send the names of approved senior most lecturer in the subject to the
University on or before 10.1.2011. Therefore the action of sending name of Shri Sheikh on 7.1.2011
without their being approval to his appointment was not consistent with the requirement mentioned by the
Returning Officer. The said approval was even not available on 18.1.2011 so as to enable the principal to
rectify the deficiency. Moreover, in the present case principal has submitted the name on 7.1.2011 when
Shri Sheikh had joined the duties on 8.1.2011. For the aforesaid undisputed factual position, it is apparent
that on the date on which the name was forwarded the appointment of the lecturer concerned was not
approved by the University.
It was even not approved before the date prescribed for removal of
deficiencies. Hence inclusion of his name in the Electoral Roll suffer from irregularity. Resultantly the
appeal filed by Shri Jaiswal is allowed. The Returning Officer is directed to delete the name of Shri
Mohammad Asif Sheikh from the Electoral Roll as a Head of the Department of Physical Education &
Recreation of Ramesh Dhawad College of Physical Education, Nagpur.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority.
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1 st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Shri Dilip T. Jaiswal
Appeal Against: (1) Ku. Kalpana R. Kosare (2) The Returning Officer
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Shri Jaiswal questioning inclusion the name of Ku. Kalpana R. Kosare as
a Head of the Department of Physical Education of Shri Niketan College of Physical Education, Nagpur. It
is claimed by Shri Jaiswal that after the admissions were made in the course of BPE, the college had
transferred the admitted students of its college to other college and since then there are now no admissions
have been made in the said college. Therefore, as a matter of fact the course of BPE is not being conducted
in the said college. The notices of the hearing of the appeal were served upon to the Principal of Shri
Niketan College of Physical Education, Nagpur as well as Ku. Kalpana R. Kosare. Both had chosen to
remain absent for the hearing of the appeal.
Even though as per the college section, the college has not started the process of closer, the fact
remains that there had been no enrolment of the students of the said college in enrolment section. This
confirms the position that the course is not being conducted in the college. The head contemplated for the
purpose of provisions of Section 37(2)(b) of the Act is the teacher (senior most) in-charge of the curriculum
activities in the subject in the respective college designated by the principal. I am supported by the
decision of Hon’ble Chancellor as well as Hon’ble High Court in the matter of Dr. Gomashe, where a
teacher who had been deputed for FIP was held to be not eligible to be the Head of the Department. Thus
in the event of temporary deputation the person /teacher losses the status of Head. Hence where there are no
courses conducted in the college therefore there can not be Head of such course within the meaning of
Section 37(2)(b) of the Act. Resultantly, the appeal is allowed. The Returning Officer is directed to delete
the name of Ku. Kalpana R. Kosare from the Electoral Roll as Head of the Department in the subject of
Physical Education & Recreation from Shri Niketakn College of Physical Education, Nagpur..
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority.
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1 st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
Date: 28th February, 2011
ORDER
Appeal By : Shri P. Y. Yesambare
Appeal Against: (1) Shri S.S. Salvikar
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Prof. Poonam Yesambare of Kumbhalkar College of Social
Work, Wardha. His contention was that the name of Dr. S. S. Salvikar should not have been
included in the Electoral Roll of Head (Social Work) as Shri P.K. Kohle is the senior most teacher
in the subject of Social Work in Matoshri
Anjanabai Mundafale College of Social Work,
Narkhed.
During the course of hearing the Returning Officer has pointed out that he had already
corrected Electoral Roll and name of Shri P. K. Kohle was included while name of Shri S. S.
Salvikar was deleted. The communication to that effect was issued by the Returning Officer to the
appellant on 11.2.2011. Resultantly, the cause of action in the present appeal has come to an end.
The appeal is accordingly disposed of as infructuous.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority.
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1 st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Shri Anil Sargar
Appeal Against: (1) Shri A. L. Banpurkar
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Prof. Anil Sargar challenging the inclusion of name of Shri A. L.
Banpurkar as Head for the Board of Studies in Social Work. It is claimed that Shri Banpurkar
being in the subject of Economics, he is not eligible in the subject of Social Work. I have heard
the appellant, Shri Banpurkar and the Returning Officer. The Returning Officer had rejected the
objection of Shri Sargar.
The facts which reveal from the record are that under the Board of Studies of Social Work,
the following six subjects have been included namely English, Language, Social Work, Sociology,
Psychology and Economics. The appointment of Shri Banpurkar is in the college of Social Work
and the same has been approved as lecturer in Social Work. Even if the approval would have been
granted as lecturer in Economics then also he was eligible for being Head in Social Work because
subject Economics is one of the approved subjects under the Board of Studies of Social Work.
Hence the decision of the Returning Officer in rejecting the objection of Shri Anil Sargar and to
retain the name of Shri Banpurkar does not suffer from any defects. The appeal is accordingly
dismissed.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority.
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1 st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Shri Nitin Tagde
Appeal Against: (1) Shri S. P. Zade (2) Shri G. T. Bansod
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Shri Nitin Tagde seeking inclusion of name of Shri Zade and
Shri Bansod in Sociology and Psychology respectively for Board of Studies in Social Work.
During the course of the hearing of the appeal the Returning Officer had pointed out that as per the
claim of seniority name of Shri S. P. Zade has been included while the name of Shri Bansod could
not be included. Shri Nitin Tagde was satisfied with the decision of Returning Officer and the
action of inclusion of Shri Zade and non inclusion of Shri Bansod in the Electoral Roll. The
appellant has accepted the decision of Returning Officer to above effect. Hence no further orders
in the appeal are necessary. The appeal is disposed of accordingly.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Shri Anil Sargar
Appeal Against: (1) Dr. P. V. Anthony
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Prof. Anil Sargar challenging the inclusion of name of Shri Dr.
P. V. Anthony as Head for the Board of Studies in English (812) BOS Social Work. It is claimed
that Dr. P. V. Anthony being in the subject of English is not a approved teacher in the said college.
I have heard the appellant Shri Anil Sargar and the Returning Officer. The Returning Officer had
rejected the objection of Shri Sargar on the basis of recommendation letter of the Principal only.
Necessary enquiry was carried out from the college section of the University as well as the
concerned college but no substantial evidence was found supporting his claim of being approved
teacher. The University does not have any record of its approval nor the college telephone lines
were in function for contact to the office so as to ascertain and affirm the matter.
In view of this factuals and as well as the non availability of any communications which
could prove that Dr. P. V. Anthony is a approved teacher or principal of the college. The appeal is
allowed and the Returning Officer is directed to delete the name of Dr. P. V. Anthony from the
Electoral Roll.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1 st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Smt. Sumedha Wankhede
Appeal Against: (1) Shri Deepratna Raut
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Prof. Sumedha Wankhede challenging the inclusion of name of
Shri Deepratna Raut as Head for the Board of Studies in Economics. It is claimed that Shri
Deepratna Raut being in the subject of Social Work, he is not eligible in the subject of Economics.
I have heard the appellant, Shri Deepratna Raut and the Returning Officer. The Returning Officer
had rejected the objection of Smt. Sumedha Wankhede.
The facts which reveal from the record are that under the Board of Studies of Social Work,
the following six subjects have been included namely English, Language, Social Work, Sociology,
Psychology and Economics. The appointment of Shri Deepratna Raut is in the college of Social
Work and the same has been approved as lecturer in Social Work. Even if the approval would
have been granted as lecturer in Economics then also he was eligible for being Head in Social
Work because subject Economics is one of the approved subjects under the Board of Studies of
Social Work. Hence the decision of the Returning Officer in rejecting the objection of Smt.
Sumedha Wankhede and to retain the name of Shri Deepratna Raut does not suffer from any
defects. The appeal is accordingly dismissed.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1 st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Shri Sunil Kodape
Appeal Against: (1) Shri L. B. Chopkar
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Shri Sunil Kodape challenging the inclusion of name of Shri L.
B. Chopkar as Head for the Board of Studies in Social Work. It is claimed that Shri L. B. Chopkar
being in the subject of Social Work, he is not eligible in the subject of Economics. I have heard
the appellant, Shri Sunil Kodape and the Returning Officer. The Returning Officer had rejected
the objection of Shri Sunil Kodape.
The facts which reveal from the record are that under the Board of Studies of Social Work,
the following six subjects have been included namely English, Language, Social Work, Sociology,
Psychology and Economics. The appointment of Shri L. B. Chopkar is in the college of Social
Work and the same has been approved as lecturer in Social Work. Even if the approval would
have been granted as lecturer in Economics then also he was eligible for being Head in Social
Work because subject Economics is one of the approved subjects under the Board of Studies of
Social Work. Hence the decision of the Returning Officer in rejecting the objection of Shri Sunil
Kodape and to retain the name of Shri L. B. Chopkar does not suffer from any defects. The appeal
is accordingly dismissed.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1 st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Smt. Vandana Mahatme
Appeal Against: (1) Shri R. S. Sontakke
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Smt Vandana Mahatme objecting the inclusion of name of Shri
R. S. Sontakke as Head in the subject Sociology for Board of Studies of Social Work. I have
heard the parties at length.
It is the contention of the appellant that Shri Sontakke being appointed in the subject
Criminology, he cannot be treated as Head in the subject of Social Work. It has been brought to
my notice that when the course was initially introduced the subject of Criminology was
incorporated which after words has been changed and designated as Sociology. There is no
dispute of seniority of Shri Sontakke. The Principal of the College is therefore justified in
treating Shri Sontakke as Head of Sociology.
Interestingly, it has been pointed out by the Principal that the appellant herself was
appointed as lecturer in Criminology in the year 1985 who is objecting the inclusion of Shri
Sontakke in the subject Sociology and simultaneously insisting for inclusion her name in the very
same subject. It is therefore apparent that for the benefits of appellant Criminology and Sociology
are synonymous but for Shri Sontakke the said principle is not applicable.
In view of the circumstances so clear on record, I have no hesitation to held that the
decision of Returning Officer including the name of Shri Sontakke does not suffer from any
infirmity. Hence the appeal is dismissed.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1 st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Dr. Vinayak Irpate
Appeal Against: (1) Shri D. Shende
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Dr. Vinayak Irpate objecting the inclusion of name of Dr. D. T.
Shende as Head of the Department of Sociology for Board of Studies Social Work of Mahatma
Gandhi Arts & Commerce College, Parseoni. I have heard the appellant and the Returning
Officer. Dr. Irpate has been appointed as the principal of the college on 5.7.2007. He belongs to
the subject of Sociology, Shri D. T. Shende is lecturer in Sociology in that college from
19.10.1992. According to the appellant he being the principal he should be treated as senior most
teacher in the college. Another objection has been raised that the Returning Officer has included
the name of Shri Shende on the basis of the complaint/representation made by an association.
According to the appellant Shri Shende has given NOC for inclusion of his (Dr. Irpate) name.
The Head of the Department for the purposes of Section 37(2)(b) of the Act is the senior
most teacher including principal. The name of principal can be included if he is also the senior
most teacher in that subject. However, in the circumstances where the principal is not senior most
teacher in the subject but another teacher is the senior most teacher then name of such teacher has
to be included and not of the principal. Admittedly Shri D. T. Shende is the senior most teacher in
the subject of Sociology and the appointment of Dr. Irpate as Principal can not override the
requirement of seniority.
The fact that the Returning Officer had entertained the
complaint/representation of an association and therefore the decision of the Returning Officer is
incorrect can not be accepted. Firstly because any person can raise the objection and secondly
because the inclusion of Shri D. T. Shende is proved to be in strict conformity to the statutory
requirements. The fact that Shri Shende has given NOC in favor of Principal has to be deprecated
because allowing such practice would endanger the very concept of fairness in the process of
election. For all the aforesaid reasons the decision of the Returning Officer is to be upheld.
Consequently the appeal is dismissed.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1 st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Dr. D. S. Kadhao
Appeal Against: (1) Principal, J.M. Patel College, Bhandara
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Dr. D. S. Kadhao for inclusion of name as Head of the
Department in the subject of History. Dr. Kadhao was absent for hearing while the representatives
of the principal were present. The following factual position in the matter is not disputed. Dr.
Kadhao is placed under suspension from December, 2009. The order of suspension was
challenged by Dr. Kadhao before the Hon’ble High Court. The said Writ Petition was dismissed
as per order dated 7.1.2010. At the relevant time Dr. Kadhao was Dean of the Faculty and the
University had issued the order dated 14.1.2010 keeping his membership in abeyance. The said
order was also challenged before the Hon’ble Civil Court. The case was ultimately dismissed on
the ground of jurisdiction. The issue is covered by the decision of Hon’ble Chancellor as well as
the decision of the Hon’ble High court in the case of Dr. Gomase. The Head of the Department to
be included in the Electoral Roll is required to be regular in service and in-charge of the academic
activities in the subject. In view of suspension of Dr. Kadhao he is not in-charge of the curricular
activities of the subject and therefore the question of inclusion of his name as Head of the
Department in the subject of History form that college does not arise. The Returning Officer has
rightly rejected his objection. No case is made out to grant any indulgence. The appeal is
accordingly dismissed.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1 st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Dr. Deepali Kotwal
Appeal Against: (1) Shri Pravin Deshpande (2) Shri R. B. Lanjewar
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Dr. Deepali Kotwal seeking inclusion of her name as Head of the
Department in the Subject Nutritional Bio-chemistry for Board of Studies of Food & Nutrition
from LAD College, Nagpur. Dr. Deshpande and Dr. Lanjewar had objected to her inclusion and
the Returning Officer had accepted the objection and had deleted her name. I have heard Dr. Mrs.
Kotwal , Dr. Deshpande, Dr. Lanjewar and Returning Officer at length. The fact that Dr. Mrs.
Kotwal has been appointed as lecturer in Biochemistry in the Department of Food & Nutrition in
LAD College, Nagpur. Her name has been forwarded by the Principal as HOD in Biochemistry
under that Board. Two Statutory subjects have been included under the Board of Studies of Food
& Nutrition namely (a) Food & Nutrition (b) Biochemistry. Therefore a person qualified in the
subject of Biochemistry appointed as lecturer in Food & Nutrition is eligible for being the Head in
the subject of Biochemistry. The fact that her appointment was as a lecturer in Food & Nutrition
in fact helps her. Much material has been placed on record to establish that she was an examiner
in the subject of Nutritional Biochemistry. Even the objector could not dispute the position that
the person qualified in the subject of Biochemistry is an essential requirement for Food &
Nutrition to teach the subject of Biochemistry. It is not the case of objector that Dr. Mrs. Kotwal
has been appointed as lecturer in Biochemistry in Science Stream and claiming her representation
in Food & Nutrition.
Being lecturer in Food & Nutrition and Incharge of the subject of
Biochemistry Dr, Mrs. Kotwal was rightly designated as a Head of the Department in the subject
Biochemistry being the senior most teacher in that subject. I am of the view that Returning
Officer has erred in up holding the objections of Dr. Deshpande and Dr. Lanjewar. Hence the
appeal of Dr. Mrs. Kotwal is hereby allowed. The decision of Returning Officer to exclude the
name of Dr. Mrs. Kotwal is set aside. The Returning Officer is hereby directed to include the
name of Dr. Mrs. Kotwal as HOD Biochemistry from LAD College, Nagpur for Board of Studies
of Food & Nutrition.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1 st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Shri D.B. Khune
Appeal Against: (1) Shri M. Gaikwad
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Shri D.B. Khune objecting the inclusion of name of Shri M.
Gaikwad as Head of the Department of Mathematics for Board of Studies Mathematics of
Hutatma Rashtriya Arts & Science College, Ashti, Distt-Wardha. I have heard the appellant and
the Returning Officer. Shri D. B. Khune has been appointed in the year 1999 as the principal of
the college.
He belongs to the subject of Mathematics. Shri M. Gaikwad
is lecturer in
Mathematics in that college from 1990. According to the appellant he being the principal he
should be treated as senior most teacher in the college. Another objection has been raised that the
Returning Officer has included the name of Shri M. Gaikwad on the basis of the
complaint/representation made by him.
The Head of the Department for the purposes of Section 37(2)(b) of the Act is the senior
most teacher including principal. The name of principal can be included if he is also the senior
most teacher in that subject. However, in the circumstances where the principal is not senior most
teacher in the subject but another teacher is the senior most teacher then name of such teacher has
to be included and not of the principal. Admittedly Shri M. Gaikwad is the senior most teacher in
the subject of Mathematics and the appointment of Shri D. B. Khune as Principal can not override
the requirement of seniority.
The fact that the Returning Officer had entertained the
complaint/representation of Shri D. B. Khune and therefore the decision of the Returning Officer
is incorrect can not be accepted. Firstly because any person can raise the objection and secondly
because the inclusion of Shri M. Gaikwad is proved to be in strict conformity to the statutory
requirements. For all the aforesaid reasons the decision of the Returning Officer is to be upheld.
Consequently the appeal is dismissed.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Dr. A. B. Zade
Appeal Against: (1) Director, L.I.T, RTM Nagpur University, Nagpur.
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Shri A.B. Zade challenging the decision of the Returning Officer
for including the name of Dr. Dawande in Chemical Engineering and not including his name for
the appropriate Board. The case about Dr. Korrane has been decided by the Returning Officer to
the satisfaction of the appellant. I have heard Dr. Zade and the Returning Officer. Name of Dr. S.
D. Dawande was recommended for the Board of Studies in Chemical Technology and not for
Chemical Engineering. The appointment of Dr. Dawande has been approved in the subject of
Chemical Engineering. There is no dispute of the fact that whether Chemical Technology or
Chemical Engineering, Dr. Dawande is the senior most teacher.
The Returning Officer has included the name of Dr. Dawande in Chemical Engineering
after evaluating the eligibility. Fact remains that the name of Dr. Dawande was recommended by
Director LIT in the subject of Chemical Technology. Though the recommendation was there it
was erroneous and Returning Officer in fact had corrected error which was committed by the
Director LIT. This jurisdiction exercised by the Returning Officer can not be held to be improper
because he is duty bound to evaluate the eligibility and to prepare the Electoral Roll. Therefore
the action of the Returning Officer can not be held to be faulty.
In so for as claim of Dr. Zade for inclusion of his name for an appropriate Board is
concerned firstly, his name was not recommended by the Director LIT for any of the Boards.
Secondly, Dr. Zade could not substantiate before me that he is the senior most teacher in one of
the subjects of Applied Sciences for that Board. It was pointed out by the Asstt. Returning Officer
that there are other senior teachers in the subject Applied Sciences (subject Applied Chemistry)
and therefore for that subject he is not the senior most teacher. Therefore, I am not inclined to
accept the prayer of Dr. Zade for inclusion of his name in the Electoral Roll. In view of above
position the appeal does not carry any merit and is accordingly dismissed.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1 st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : (1) The Principal of KITS, Ramtek
(2) The Principal of M.B.P.I.E.&T, Gondia
(3) The Principal of R. G. C. E. R. & T. Chandrapur
(4) The Principal of Umrer College of Engineering, Umrer
(5) The Principal of B.D.C.O.E. , Sewagram
(6) The Principal of Y.C.C.E., Nagpur
(7) The Principal of K.D.K. College of Engg., Nagpur
Appeal Against: (1) The Returning Officer, RTM Nagpur University, Nagpur.
Officially Represented by : Dr. D. K. Agrawal, Shri C.C. Handa, Shri S. K. Choudhary for all
above mentioned colleges KITS, Ramtek,
Matter : Six Heads of the Department Elections 2010-11
Order:
These are the appeals filed by the Principal of the Engineering Colleges objecting to the
decision of the Returning Officer in deleting the names of Heads for the Board of Studies (a)
Metallurgical Engineering and (b) Production Engineering.
I have heard all the parties
exhaustively.
I am deciding these appeals under two heads as per the Boards existing in the Statute.
(a) The case of Board of Studies in Metallurgical Engineering.
It was contended by the appellants that the subject related to Metallurgical Engineering is
available in the curriculum of Mechanical Engineering. Therefore the persons who are appointed
in the subject of Mechanical Engineering can become the Head of the Department of one of the
subjects following under Metallurgical Engineering. The principals have urged that these Boards
were existing from the year 2005 to 2010 and hence Hon’ble Vice-Chancellor should protect the
Board by accepting the nominations of Heads as proposed by the Principal.
I am unable to accept the contention raised by appellants. A person is competent to teach a
particular subject and therefore the approved teacher in that subject depends upon on only one fact
namely that he has been appointed in that subject and the said appointment is approved by the
university as lecturer in that subject. It is not disputed by the principal that the names of the
persons who have been forwarded to the University are admittedly lecturers in Mechanical
Engineering and also approved for the subject Mechanical Engineering. In other words none of
them has been appointed in Metallurgical Engineering or Mechanical Metallurgy nor his
appointment is approved in that subject. The eligibility being dependent upon the appointment
and approval the names which are forwarded by the Principal do not satisfy the test. The
Returning Officer had accordingly found that the persons appointed in Mechanical Engineering
can not be nominated as Head in Mechanical Metallurgy on the basis of allegation that those
teachers are teaching in that subject. Assignment of the teaching load is prerogative of the
principals but seeking a status as Head is essentially independent upon the appointment and
approval.
Resultantly, I am not accepting the appeal of the principals with reference to the
Boards of Studies in Metallurgical Engineering and I hold the decision of the Returning Officer to
delete the names to that effect stand rejected.
(b) The Board of Studies in Production Engineering.
Applying the very same logic which is adopted for the Board of Studies in Metallurgical
Engineering and after verifying records submitted by the Principals, I find that though the names
of competent persons have been recommended at few place the names have been recommended
without taking into account the basic approval of the teachers. The persons appointed and
approved in Production Engineering have been erroneously recommended for Mechanical
Engineering. While persons appointed in Mechanical Engineering have been shown to be Head of
Production Engineering.
In some cases person who have been recommended in Production
Engineering are the persons of Mechanical Engineering and approved in Mechanical Engineering.
Therefore such names can not be accepted as Heads of Production Engineering. After verification
of records, I am of the considered opinion that the following modifications need to be directed in
keeping with the nature of appointment and nature of approval. (a) name of Dr. Hirani as HOD
Production Engineering from M.B. Patel College, Gondia be included as HOD in Production
Engineering in the Electoral Roll because he is duly approved lecturer in that subject. (b) for
Bapurao Deshmukh College of Engineering, Sewagram name of Shri S. V. Deshmukh be included
as HOD Production Engineering while name of Dr. Thakre be included as HOD in Mechanical
Engineering (c) In so far as YCCE is concerned the name of Dr. Bramnote be included as HOD of
Production Engineering while name of Dr. Untawale be included as HOD Mechanical
Engineering. The appeals are accordingly partly allowed to the above extend. Rest of the prayers
in the appeals stands rejected.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1 st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Dr. Kalpana Pawar
Appeal Against: (1) Dr. G. R. Avchar
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Dr. Kalpana Pawar challenging the decision of the Returning
Officer deleting her name from the Electoral Roll as Head and including the name of Dr. Avchar
on the basis of Society based seniority. I have heard all the parties. The question is with reference
to seniority of Dr. Pawar and Dr. Avchar in Shivaji Science College, Nagpur. Dr. Pawar has joined
at Shivaji Science College Nagpur as Lecturer/ Asstt. Professor in Mathematics from 23-2-2006
while Dr. Avchar has jointed at Shivaji Science College, Nagpur on 13.8.2010. It is the contention
of Dr. Avchar that he is the senior most teacher as per the seniority list maintained by the Society.
While contention of Dr. Pawar is that she is the senior most teacher in that college in that subject.
I am supported in the present matter by the judgement of the Hon’ble High Court in Writ Petition
No. 2010 of 1991 (Judgement dt. 23.8.1991) wherein the Hon’ble High Court after taking into
account the scheme of constitution of Board of Studies has held in clear terms that for Board of
Studies the seniority will have to be calculated college wise and the general seniority in the
Society is not decisive in the matter. In that view of the matter of Dr. Kalpana Pawar is eligible
and entitled to be the Head of the Department in Mathematics in Shivaji Science College, Nagpur.
Hence appeal is allowed. The decision of Returning Officer is set aside. The Returning Officer is
directed to include the name of Dr. Kalpana Pawar as HOD in Mathematics from Shivaji Science
College, Nagpur.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1 st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Shri D.B. Khune
Appeal Against: (1) Shri M. Gaikwad
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Shri D.B. Khune objecting the inclusion of name of Shri M.
Gaikwad as Head of the Department of Mathematics for Board of Studies Mathematics of
Hutatma Rashtriya Arts & Science College, Ashti, Distt-Wardha. I have heard the appellant and
the Returning Officer. Shri D. B. Khune has been appointed in the year 1999 as the principal of
the college.
He belongs to the subject of Mathematics. Shri M. Gaikwad
is lecturer in
Mathematics in that college from 1990. According to the appellant he being the principal he
should be treated as senior most teacher in the college. Another objection has been raised that the
Returning Officer has included the name of Shri M. Gaikwad on the basis of the
complaint/representation made by him.
The Head of the Department for the purposes of Section 37(2)(b) of the Act is the senior
most teacher including principal. The name of principal can be included if he is also the senior
most teacher in that subject. However, in the circumstances where the principal is not senior most
teacher in the subject but another teacher is the senior most teacher then name of such teacher has
to be included and not of the principal. Admittedly Shri M. Gaikwad is the senior most teacher in
the subject of Mathematics and the appointment of Shri D. B. Khune as Principal can not override
the requirement of seniority.
The fact that the Returning Officer had entertained the
complaint/representation of Shri D. B. Khune and therefore the decision of the Returning Officer
is incorrect can not be accepted. Firstly because any person can raise the objection and secondly
because the inclusion of Shri M. Gaikwad is proved to be in strict conformity to the statutory
requirements. For all the aforesaid reasons the decision of the Returning Officer is to be upheld.
Consequently the appeal is dismissed.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1 st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Dr. Smt. Vijaya Raghtate
Appeal Against: (1) Shri S. K. Shembekar
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Dr. Smt. Vijaya Raghtate objecting the inclusion of name of Shri
S. K. Shembekar as Head of the Department of Commerce for Board of Studies Commerce in the
Faculty of Commerce of Jawaharlal Nehru Arts, Commerce & Science College, Wadi DisttNagpur. I have heard the appellant and the Returning Officer. Dr. Smt. Vijaya Raghtate has been
appointed recently (20-4-2009) as the principal of the college. She belongs to the subject of
Commerce. Shri S. K. Shembekar is lecturer in Commerce in that college from (22-10-2005).
According to the appellant she being the principal she should be treated as senior most teacher in
the college. Another objection has been raised that the Returning Officer has included the name of
Shri S. K. Shembekar on the basis of the complaint/representation made by him.
The Head of the Department for the purposes of Section 37(2)(b) of the Act is the senior
most teacher including principal. The name of principal can be included if he is also the senior
most teacher in that subject. However, in the circumstances where the principal is not senior most
teacher in the subject but another teacher is the senior most teacher then name of such teacher has
to be included and not of the principal. Admittedly Shri S. K. Shembekar is the senior most
teacher in the subject of Commerce and the appointment of Dr. Smt. V. Raghtate as Principal can
not override the requirement of seniority. The fact that the Returning Officer had entertained the
complaint/representation of Dr. Smt. V. Raghtate and therefore the decision of the Returning
Officer is incorrect can not be accepted. Firstly because any person can raise the objection and
secondly because the inclusion of Shri S. K. Shembekar is proved to be in strict conformity to the
statutory requirements. For all the aforesaid reasons the decision of the Returning Officer is to be
upheld. Consequently the appeal is dismissed.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Dr. U. S. Thool
Appeal Against: (1) Shri N. L. Khobragade
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Dr. Thool challenging the decision of the Returning Officer
deleting his name as HOD Mathematics.
I have heard the appellant as well as objector
Shri Khobragade and Returning Officer. Dr. Thool is the principal of the college and he is
qualified to teach Mathematics. After perusal all the courses which are conducted in Ranibai
Agnihotri Institute of Computer Science I am convinced of the fact that the courses in the subject
“Mathematics” is not available in the college. In the absence of the course the question of Head in
that subject does not arise. Hence the decision of the Returning Officer does not warrant any
interference. The appeal is dismissed.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1 st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Dr. S. L. Deshpande
Appeal Against: (1) The Returning Officer, RTM Nagpur University, Nagpur
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Dr. S. L. Deshpande challenging the decision of inclusion of
various subjects for the Board of Studies in Law. The contention of the appellant is that there are
no specific appointments made in the subject with necessary specializations. Therefore, there
should not be inclusion of 13 subjects for the Board of Studies in Law. The names of the subjects
assigned for the Board is a Statutory provision and constitution of Board of Studies comprising all
the said subjects being the part of the Statute it is beyond the scope of the appellate authority to
depart from the statutory provisions.
With the same composition and identical representation the matter was challenged before
the Hon’ble Chancellor. The Hon’ble Chancellor had upheld the validity of the constitution of the
Board the decision is binding on the university as well as on the appellant. The Statutory
requirements and the validity thereof can not be adjudged on the basis of the contention and logic
put of by Dr. Deshpande unless there is amendment of the Statute. The undersigned is bound by
the provisions of the Statute in vogue. The decision of the Returning Officer based upon the
Statutory Provision can not be held to be invalid. Hence the appeal is accordingly rejected.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1 st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Dr. A. W. Dhage & Dr. Shende
Appeal Against: (1) The Returning Officer, RTM Nagpur University, Nagpur
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Dr. Shende and Dr. Dhage challenging the decision of the
Returning Officer to include the name of Dr. Bhure as HOD in Social Work. I have heard the
parties there is no dispute the fact that the name of Dr. Bhure was sent to the Returning Officer by
the Head of the Department for the first time after 10.1.2011 by taking advantage of subsequent
date namely 18.1.2011 which was essentially date for rectifying shortcomings. The said date can
not be used to include the name. It is clear that the principal has forwarded the name after the
prescribed date which was contrary to election programme. Hence the name of Shri Bhure can
not be retained in the Electoral Roll. The appeal is accordingly allowed. The Returning Officer is
directed to delete the name of Dr. Bhure from the Electoral Roll of Heads (Social Work).
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
(Established by Government of Central Provinces Education Department by Notification No. 513, dated 1 st of
August, 1923 & presently a State University governed by Maharashtra Universities Act, 1994).
Shri Chhatrapati Shivaji Maharaj Administrative Premises, Maharajbagh Chowk, Civil Lines, Nagpur - 01.
Tel No. 0712- 2532063, 2560624, 2525417
Fax No. 0712-2532841, 2561347
Date: 28th February, 2011
No. VC/BOS/11/APP/
ORDER
Appeal By : Dr. Owais Talib
Appeal Against: (1) The Returning Officer, RTM Nagpur University, Nagpur
Matter : Six Heads of the Department Elections 2010-11
Order:
This is an appeal filed by Dr. Talib.
The appeal dated 22.2.2011 submitted to the
university on 23.2.2011. The last date for submission of appeal was 18.2.2011. Resultantly the
appeal being time barred can not be entertained. Hence the same is dismissed.
(Dr. V. S. SAPKAL)
Vice-Chancellor & Appellate Authority
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.