Bombay High Court

DR. SMITA SAHEBRAO SHINDEversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: N B SURYAWANSHI ABASAHEB D SHINDE

Holding

The court modified the ad‑interim order, allowing the university to finalise the selection and appointment, and disposed of the writ petition.

Summary

The applicant university sought modification of an ad‑interim order that had barred it from finalising the appointment of a professor after an interview held on 1 July 2026. The university argued that the interview result was pending and it should be allowed to declare the result and complete the selection. The court, upon hearing the applicant’s counsel, modified the interim order to remove the restriction on finalising the appointment, noting that any grievance could be addressed under the Maharashtra Universities Act, 1994. Consequently, the civil application was allowed and the related writ petition was disposed as there was nothing left to adjudicate. The decision emphasizes the court’s discretion to alter its own interim orders to facilitate administrative processes.

Issues considered

Whether the court can modify its own ad‑interim order restraining the university from finalising the appointment of a professor
Whether the university may be permitted to declare the interview result and complete the selection process

Legislation cited

Maharashtra Universities Act, 1994

Subjects

appointment
professor
university
interim order
modification
selection process
Maharashtra Universities Act

Judgment

2026:BHC-AUG:33605-DB
                                             1                          69.CA7576.26.odt

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              CIVIL APPLICATION NO. 7576 OF 2026
                                       IN WP/6452/2026
                                             WITH
                                WRIT PETITION NO. 6452 OF 2026

                     DR. BABASAHEB AMBEDKAR MARATHWADA UNIVERSITY
                                 THROUGH THE REGISTRAR
                                         VERSUS
                            SMITA SAHEBRAO SHINDE AND OTHERS

                                                  ...
                      Advocate for Applicant : Mr. Sambhaji Subhashrao Tope
                             AGP for Respondent/State : Mr. N.S. Tekale
                  Advocate for Petitioner in WP/6452/2026: Mr.Rameshwar F. Totala
                       a/w. Mr. Swapnil V. Lohiya i/b. Mr. Siddhant S. Somani
                                                 …

                                   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 scheduled on 01.07.2026 for the post of

             Professor in History. However, the result of the interview was directed

             to be kept separately, and the appointment on the said post was not to

             be finalized until further orders.
                                 2                           69.CA7576.26.odt

2.            The learned advocate for the applicant - original

respondent No.2 submits that the interview is held and the result is

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

petitioners’ 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.6452 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, she 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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