Bombay High Court
DR BABASAHEB AMBEDKAR MARATHWADA UNIVERSITY CHH SAMBHAJINAGAR THR ITS REGISTRARversusNITIN NARHARI ADHAPURE AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
The court modified the ad‑interim order, allowing the University to declare interview results and finalise appointments, and disposed the writ petition.
Summary
The University was directed by an ad‑interim order to hold interviews for two professor posts but was restrained from declaring results or finalising appointments. The original respondent (the University) applied to modify that order, arguing that the selection process was stalled and that the results could be declared after due consideration. The court allowed the application, modifying the ad‑interim order to remove the restraint and permitting the University to finalise the selection and appointment. Consequently, the related writ petition was disposed as there was nothing left to adjudicate. The court noted that any grievance regarding the selection could be pursued under the Maharashtra Universities Act, 1994.
Issues considered
- Whether the ad‑interim order restraining the University from finalising the selection and appointment of professors can be modified or vacated.
- Whether the petitioner can seek any other remedy under the Maharashtra Universities Act, 1994.
Legislation cited
Subjects
- appointment
- selection process
- interim order
- modification of order
- university
- professor recruitment
- Maharashtra Universities Act
Judgment
2026:BHC-AUG:33598-DB
1 66.CA.7568.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 7568 OF 2026
IN WP/6405/2026
WITH
WRIT PETITION NO. 6405 OF 2026
DR BABASAHEB AMBEDKAR MARATHWADA UNIVERSITY CHH.
SAMBHAJINAGAR THR ITS REGISTRAR
VERSUS
NITIN NARHARI ADHAPURE AND ANOTHER
...
Advocate for Applicant : Mr. Sambhaji Subhashrao Tope
AGP for Respondents: Mr. N.S. Tekale
Advocate for Petitioner in WP: Mr. R.A. Joshi
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 31.07.2026
PER COURT:
1. By this application, the applicant – original respondent
No.2 seeks modification of the ad-interim order dated 25.06.2026 by
which, this Court directed the respondent – University to hold the
interview of the petitioner on 29.06.2026 for the post of Professor in
Environmental Science and on 30.06.2026 for the post of Professor in
Botany. However, the result of the interview was directed to be kept
separately, and the appointments on both the said posts were not to be
finalized until further orders.
2 66.CA.7568.26.odt
2. The learned advocate for the applicant original-respondent
No.2 submits that the interviews are held and the results are yet not
declared. Since the entire selection process is held up, the University
may be permitted to declare the result of the interview. Since learned
advocate for the applicant has assured that the petitioner’s case would
be considered on merits while declaring the result, the application is
allowed in terms of prayer Clause ‘B’ which reads as follows :
“B. This Hon’ble Court may kindly, vacate, alter, or modify the ad-
interim order dated 25.06.2026 passed in Writ Petition
No.6405 of 2026 to the extent that it restrains the Applicant
University from finalizing the selection and appointment
process.”
3. As the Civil Application is allowed, thereby, modifying the
ad-interim order passed by this Court, writ petition also stands
disposed of as nothing survives in the same.
4. In case the petitioner has any grievance about the selection
or select list, he may avail the appropriate remedy as available under
the Maharashtra Universities Act, 1994.
5. Writ petition is accordingly disposed of.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
habeeb/
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