{"id":142490,"date":"2010-02-26T00:00:00","date_gmt":"2010-02-25T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010"},"modified":"2015-06-17T10:54:30","modified_gmt":"2015-06-17T05:24:30","slug":"age-56-years-vs-3-maharashtra-council-of-on-26-february-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010","title":{"rendered":"Age 56 Years vs 3] Maharashtra Council Of … on 26 February, 2010"},"content":{"rendered":"
Bombay High Court<\/div>\n
Age 56 Years vs 3] Maharashtra Council Of … on 26 February, 2010<\/div>\n
Bench: A.P. Deshpande, N.D. Deshpande<\/div>\n
                                            1\n\n      IN THE HIGH COURT OF JUDICATURE AT BOMBAY\n\n\n\n\n                                                                         \n                 BENCH AT AURANGABAD\n\n\n\n\n                                                 \n                   WRIT PETITION No. 7364 OF 2008\n    1] Dr. Balaji s\/o. Ramrao Kawathekar\n    Age 59 years, Occ. Service in\n\n\n\n\n                                                \n    Marathwada Agricultural University\n    Parbhani,\n    R\/o. Vivek Nagar, Vasmat Road,\n    Parbhani, Dist. Parbhani.\n\n\n\n\n                                               \n    2] Dr. Sudhakar s\/o. Nagorao Kulkarni\n                           \n    Age 58 years, Occ. Service in\n    Marathwada Agricultural University\n    Parbhani,\n                          \n    R\/o. Ramkrishna Nagar,\n    Parbhani, Dist. Parbhani.\n\n    3] Dr. Digambar s\/o. Wamanrao Wadnerkar\n      \n\n    Age 57 years, Occ. Service in\n    Marathwada Agricultural University\n   \n\n\n\n    Parbhani,\n    R\/o. Shivram Nagar,\n    Parbhani, Dist. Parbhani.\n\n\n\n\n\n    4] Dr. Dadarao s\/o. Shankarrao Suryawanshi\n    Age 59 years, Occ. Service in\n    Marathwada Agricultural University\n    Parbhani,\n    R\/o. Shivram Nagar,\n\n\n\n\n\n    Parbhani, Dist. Parbhani.\n\n    5] Dr. Vitthal S\/o. Deorao Pawar,\n    Age 59 years, Occ. Service in\n    Mahatma Phule Krishi Vidyapith\n    Rahuti, Taluka Rahuri\n    District Ahmednagar.\n\n\n\n\n                                                 ::: Downloaded on - 09\/06\/2013 15:39:27 :::\n                                              2\n\n    6] Dr. Ashok S\/o. Narayanrao Kulkarni\n\n\n\n\n                                                                         \n    Age 57 years, Occ. Service in\n    Marathwada Agricultural University\n\n\n\n\n                                                 \n    Parbhani,\n    R\/o. Vidya Nagar,\n    Parbhani, Dist. Parbhani.\n\n\n\n\n                                                \n    7] Dr. Kalyan s\/o. Rambhau Mitkari\n    Age 57 years, Occ. Service in\n    Marathwada Agricultural University\n    Parbhani,\n\n\n\n\n                                                \n    R\/o.Ramdas Nagar,\n    Parbhani, Dist. Parbhani.\n                            \n    8] Dr. Renukadas S\/o. Purushottam Barbind\n    Age 56 years, Occ. Service in\n                           \n    Marathwada Agricultural University\n    Parbhani,\n    R\/o. Kalyan Nagar,\n    Parbhani, Dist. Parbhani.\n      \n\n\n    9] Dr. Manik S\/o. Balaji Misal\n    Age 58 years, Occ. Service in\n   \n\n\n\n    Marathwada Agricultural University\n    Parbhani,\n    R\/o. Bhagyalaxmi Nagar,\n\n\n\n\n\n    Parbhani, Dist. Parbhani.\n\n    10] Dr. Anil s\/o. Shrikrishna Ansinkar\n    Age 60 years, Occ. Service in\n    Marathwada Agricultural University\n\n\n\n\n\n    Parbhani,\n    R\/o. C\/o. Mr. Bhatmbrikar,\n    Sharda Nagar,\n    Parbhani, Dist. Parbhani.\n    11] Dr. Anil S\/o. Namdeorao Gite,\n    Age 58 years, Occ. Service in\n    Marathwada Agricultural University\n    Parbhani,\n    R\/o. Krishi Sarthi Nagar,\n    Parbhani, Dist. Parbhani.\n\n\n\n\n                                                 ::: Downloaded on - 09\/06\/2013 15:39:27 :::\n                                          3\n\n    12] Dr. Indradas S\/o. Ambadasrao Madrap,\n\n\n\n\n                                                                          \n    Age 57 years, Occ. Service in\n    Marathwada Agricultural University\n\n\n\n\n                                                  \n    Parbhani,\n    R\/o. Krishi Sarthi Nagar,\n    Parbhani, Dist. Parbhani.\n\n\n\n\n                                                 \n    13] Dr. Purushottam S\/o. Ranba Khapre,\n    Age 57 years, Occ. Service in\n    Marathwada Agricultural University\n    Parbhani,\n\n\n\n\n                                            \n    R\/o. Lokmaya Nagar,\n    Parbhani, Dist. Parbhani.\n                          \n    14] Dr. Ashok Appasaheb Chavan\n    Age 57 years, Occ. Service in\n                         \n    Marathwada Agricultural University\n    Parbhani,\n    R\/o. Shivram Nagar,\n    Parbhani, Dist. Parbhani.\n      \n\n\n    15] Dr. Shivraj s\/o. Sangappa Bhatade\n    Age 58 years, Occ. Service in\n   \n\n\n\n    At present working in Cotton Research\n    Center, Nanded, under\n    Marathwada Agricultural University\n\n\n\n\n\n    Parbhani,\n    R\/o. Shivaji Nagar,\n    Nanded, Dist. Nanded.\n\n    16] Dr. Raosaheb S\/o. Ramrao Chole\n\n\n\n\n\n    Age 58 years, Occ. Service in\n    Marathwada Agricultural University\n    Parbhani,\n    R\/o. Ramkrishna Nagar,\n    Parbhani, Dist. Parbhani.\n\n    17] Dr. Shyamsundar s\/o. Dattopant Wangikar\n    Age 57 years, Occ. Service in\n    Marathwada Agricultural University\n    Parbhani,\n\n\n\n\n                                                  ::: Downloaded on - 09\/06\/2013 15:39:27 :::\n                                          4\n\n    R\/o. Krishi Sarthi Nagar,\n\n\n\n\n                                                                            \n    Parbhani, Dist. Parbhani.\n\n\n\n\n                                                    \n    18] Dr. Vilas S\/o. Trimbakrao Wattamwar\n    Age 58 years, Occ. Service in\n    Marathwada Agricultural University\n    Parbhani,\n\n\n\n\n                                                   \n    R\/o. Vishnu Nagar,\n    Parbhani, Dist. Parbhani.\n\n    19] Dr. Balasaheb S\/o. Manikrao Thombre\n\n\n\n\n                                            \n    Age 57 years, Occ. Service in\n    College of Agriculture Latur,\n\n    Parbhani,\n                           \n    under Marathwada Agricultural University\n\n    R\/o. Near Medical College,\n                          \n    Ambajogai Road, Latur\n    Dist. Latur.\n\n    20] Dr. Balaji S\/o. Panditrao Kurundkar\n    Age 58 years, Occ. Service\n      \n\n\n    At present working at Wheat Research Station,\n    Mahabaleshwar, Under Mahatma Phule\n   \n\n\n\n    Krishi Vidyapith, Rahuri\n    Taluka Rahuri, Dist. A'nagar.\n\n\n\n\n\n    21] Dr. Ramakant S\/o. Ramrao Kulkarni\n    Age 63 years, Occ. Pensioner,\n    R\/o. Station Road, Parbhani,\n    Dist. Parbhani.\n\n\n\n\n\n    22] Dr. Mahadeo S\/o. Annarao Patil\n    Age 61 years, Occ. Pensioner,\n    R\/o. Village Bhangali\n    Taluka and Dist. Latur.\n\n    23] Dr. Dnyanoba S\/o. Dhondiba Nirmal,\n    Age 60 years, Occ. Pensioner,\n    R\/o. Shivaji Nagar, Parbhani\n    Dist. Parbhani.\n\n\n\n\n                                                    ::: Downloaded on - 09\/06\/2013 15:39:27 :::\n                                            5\n\n    24] Dr. Sharad S\/o. Sahebrao Deshmukh\n\n\n\n\n                                                                              \n    (Died through LRs)\n    Rukhminibai w\/o. Sharad Deshmukh\n\n\n\n\n                                                      \n    Age 56 years, Occ. Household\n    R\/o. Narayan Chal, Parbhani\n    Dist. Parbhani.\n                                                         .. Petitioners\n\n\n\n\n                                                     \n                       Versus\n\n    1] The State of Maharashtra\n    through Secretary\n    Agriculture, Animal Husbandry\n\n\n\n\n                                              \n    Dairy Development and Fisheries\n    Department, Mantralaya Annexe,\n                           \n    Mumbai 32.\n\n    2] Marathwada Agriculture University\n                          \n    through Registrar, Marathwada\n    Agriculture University, Parbhani\n    Dist. Parbhani.\n      \n\n    3] Maharashtra Council of Agriculture\n    Education and Research\n   \n\n\n\n    through its Chairman,\n    the Minister for Agriculture,\n    Animal Husbandry, Dairy Development\n    and Fisheries Department,\n\n\n\n\n\n    132\/B, Bhamburda, Bhosle Nagar,\n    Pune-07.\n                                                                  .. Respondents.\n                 ---\n    Mr. P.R. Katneshwarkar, Advocate for petitioner.\n\n\n\n\n\n    Mr. S.K. Kadam,AGP for the respondent NO.1\n    Mr. Vinod Patil, Advocate holding for Mr. M.N. Navandar, Advocate for\n    respondent No.2\n    Mr. S.R. Deshpande, Advocate for the respondent No.3\n\n                                      CORAM : A.P. DESHPANDE &\n                                           N.D. DESHPANDE,JJ.\n<\/pre>\n
                                                      ::: Downloaded on – 09\/06\/2013 15:39:27 :::<\/span>
\n                                   6<\/span><\/p>\n
    DATE OF RESERVING THE JUDGMENT: 16th FEBRUARY, 2010.\n<\/p>\n
    DATE OF PRONOUNCING THE JUDGMENT :- 26TH FEBRUARY,
\n    2010.\n<\/p>\n
    ORAL JUDGMENT : – [PER A.P. DESHPANDE,J.]<\/p>\n
    1]   Rule. Rule made returnable forthwith. Taken up for<\/p>\n
    final hearing by consent of parties.\n<\/p>\n
              The State of Maharashtra vide Govt. Resolution<\/p>\n
    dated 30th December, 1999, decided to extend the benefit<\/p>\n
    of revised University Grant Commission pay scales, as<\/p>\n
    adopted by the Indian Council of Agricultural Research and<\/p>\n
    Education,    to the academic staff working in all the<\/p>\n
    Agricultural Universities and affiliated colleges in the State<\/p>\n
    with retrospective effect from 1st January, 1996.                  The<\/p>\n
    revised UGC pay scales are indicated in Annexure -I to the<\/p>\n
    said Government Resolution. The revision of pay scale<\/p>\n
    was in response to the communication dated 3rd March,<\/p>\n
                                            ::: Downloaded on – 09\/06\/2013 15:39:27 :::<\/span>
\n                                   7<\/span><\/p>\n
    1999 from the Ministry of Agricultural, Department of<\/p>\n
    Agriculture Research and Education, Government of India,<\/p>\n
    New Delhi, wherein, the Government of India informed the<\/p>\n
    State Government that, if the State Government adopts the<\/p>\n
    revised UGC Pay Scales for agricultural universities in the<\/p>\n
    State, the Central Government will provide 80% of the<\/p>\n
    additional expenditure involved for giving effect to the<\/p>\n
    revised pay scales.    The   central assistance was to be<\/p>\n
    available for the period commencing from 1\/1\/1996 to<\/p>\n
    31\/3\/2000. The remaining 20% of the expenditure was to<\/p>\n
    be borne by the State Government.\n<\/p>\n
    2]        Amongst other incentives, the Govt. Resolution<\/p>\n
    also introduced a career advancement scheme, which is<\/p>\n
    contained in Clause No.4 of the Govt. Resolution which<\/p>\n
    reads thus :-\n<\/p>\n
              a)    Minimum length of service for eligibility to
\n              move into the grade of Assistant Professor
\n              (Senior Scale)\/Lecturer (Senior Scale) would be<\/p>\n
                                            ::: Downloaded on – 09\/06\/2013 15:39:27 :::<\/span>
\n                                    8<\/span><\/p>\n
             four years for those with Ph.D., five years for<\/p>\n
             those with M.Phil. And six years for others as<\/p>\n
             Assistant Professor\/Lecturer and for eligibility to
\n             move into the grade of Assistant Professor<\/p>\n
             (Selection                Grade)\/Lecturer(Selection
\n             Grade)\/Associate Professor, the minimum length
\n             of service        as Assistant       Professor (Senior<\/p>\n
             Scale)\/Lecturer (Senior Scale) shall be uniformly<\/p>\n
             five years.\n<\/p><\/blockquote>\n
             b)   For movement into grades of Associate
\n             Professor and above, the minimum eligibility
\n             criterion would be Ph.D. Those teachers without<\/p>\n
             Ph.D. Can go upto the level of Assistant<\/p>\n
             Professor (Selection Grade)\/Lecturer (Selection
\n             Grade).\n<\/p><\/blockquote>\n
             d)      An Associate Professor with a minimum of
\n             eight     years     service   will    be      eligible        for
\n             consideration for appointment as a Professor.\n<\/p><\/blockquote>\n
    3]       The petitioners in this petition were initially<\/p>\n
    appointed as Assistant Professors, who are claiming the<\/p>\n
    benefit under the Career Advancement Scheme. The<\/p>\n
                                              ::: Downloaded on – 09\/06\/2013 15:39:27 :::<\/span>
\n                                   9<\/span><\/p>\n
    Career Advancement Scheme clearly indicate that an<\/p>\n
    Assistant Professor would move into the grade of Assistant<\/p>\n
    Professor (Senior Scale) after 4 years if possessed of<\/p>\n
    Ph.D., 5 years for those with M.Phil. and 6 years for others.\n<\/p>\n
    The eligibility to move into the grade of Assistant Processor<\/p>\n
    (Selection Grade)\/Associate Professor, would be minimum<\/p>\n
    length of service as Assistant Professor (Senior Scale) for<\/p>\n
    5 years uniformly.   It is undisputed that all the petitioners<\/p>\n
    are possessing qualification of Ph.D.      The scale provided<\/p>\n
    for the post of Assistant Professor is 8000-275-13500, for<\/p>\n
    Assistant Professor (Senior Scale) is 1000-325-15200, and<\/p>\n
    for   Assistant   Professor       (Selection     Grade)           it     is<\/p>\n
    12000-420-18300, whereas, for Associate Professor the<\/p>\n
    scale is 12000-420-18300, which is equal to the scale<\/p>\n
    provided to Assistant Professor (Selection Grade).                     The<\/p>\n
    next higher post to that of Associate Professor is of<\/p>\n
    Professor and the pay scale admissible to the post of<\/p>\n
    Professor is Rs.16,400-4500-20900-500-22400.\n<\/p>\n
                                              ::: Downloaded on – 09\/06\/2013 15:39:27 :::<\/span>
\n                                   10<\/span><\/p>\n
    The petitioners under Career Advancement Scheme, were<\/p>\n
    granted the scale of Assistant Professor (Selection Grade)<\/p>\n
    which pay scale is equivalent to that of pay scale of<\/p>\n
    Associate Professor.        The question that arises for<\/p>\n
    consideration in the present petition is, as to whether the<\/p>\n
    petitioners who are holding the post of Assistant Professor<\/p>\n
    substantively could be granted the pay scale of the post of<\/p>\n
    Professor.\n<\/p>\n
    4]           Few facts, which are necessary to adjudicate the<\/p>\n
    controversy, are narrated hereinbelow :-\n<\/p>\n
    .            Prior to the revision of pay scales, the<\/p>\n
    Government, vide Govt. Resolution          dated 20th March,<\/p>\n
    1997, decided that such of the Assistant Professors, who<\/p>\n
    are in the pay scale of 3700-5700 ( as per the 4th pay<\/p>\n
    commission), possessing Ph.D. Qualification, they be<\/p>\n
    granted the nomenclature or designation as “Associate<\/p>\n
    Professor”.      However, the Govt. Resolution dated 20th<\/p>\n
                                             ::: Downloaded on – 09\/06\/2013 15:39:27 :::<\/span>
\n                                   11<\/span><\/p>\n
    March, 1997 clarified that such Assistant Professors even<\/p>\n
    after grant of designation for name sake as “Associate<\/p>\n
    Professors” will continue to carry on the same duties and<\/p>\n
    responsibilities and there will be no change in the working<\/p>\n
    hours and\/or nature of the job. It is also clarified that their<\/p>\n
    seniority in the cadre of Assistant Professor would remain<\/p>\n
    the same. In clause No.4, it is categorically stated that the<\/p>\n
    Assistant Professors who would be named\/designated as<\/p>\n
    Associate Professors, would stand below the Associate<\/p>\n
    Professors. In para.5, it is also clarified that just because<\/p>\n
    the Assistant Professors holding Ph.D. Qualification are to<\/p>\n
    be designated\/named as Associate Professors, they would<\/p>\n
    not be entitled to claim the post of Professor. Thus, on<\/p>\n
    close scrutiny of the Government Resolution dated 20th<\/p>\n
    March, 1997, it is crystal clear that though the Assistant<\/p>\n
    Professors with Ph.D. Qualifications in the Scale of<\/p>\n
    3700-5700     (as    per    4th    pay   commission)               were<\/p>\n
    named\/designated as Associate Professors, there would<\/p>\n
                                             ::: Downloaded on – 09\/06\/2013 15:39:27 :::<\/span>
\n                                  12<\/span><\/p>\n
    be no change in their status, barring the              change in<\/p>\n
    nomenclature, they continue to hold the post of Assistant<\/p>\n
    Professor substantively.\n<\/p>\n
    .         It is in this background the petitioners came to<\/p>\n
    be designated as Associate Professors and hence have<\/p>\n
    described themselves as Associate Professors, in the writ<\/p>\n
    petition and are claiming benefit of pay scale admissible to<\/p>\n
    the post of Professor.     The respondent No.2 University,<\/p>\n
    acting in pursuance of the Government Resolution dated<\/p>\n
    20th March, 1997, changed the nomenclature of the<\/p>\n
    petitioner’s post from Assistant Professors to that of<\/p>\n
    Associate Professors, which is for name sake only.\n<\/p>\n
    5]        After the introduction of the revised pay scales,<\/p>\n
    the revised pay scales were not automatically made<\/p>\n
    applicable to the incumbents. However, the same were<\/p>\n
    subject to a selection process. It is the case of the<\/p>\n
    petitioners that on 16\/11\/2003, the petitioners were called<\/p>\n
                                           ::: Downloaded on – 09\/06\/2013 15:39:27 :::<\/span>
\n                                   13<\/span><\/p>\n
    for interviews and came to be awarded higher pay scale<\/p>\n
    admissible to the post of Professor, it being Rs.\n<\/p>\n
    16400-22400 under the Career Advancement Scheme,<\/p>\n
    with effect from the date, from which they became eligible.\n<\/p>\n
    Perusal of the order awarding pay scale of Professor to the<\/p>\n
    present petitioners would indicate that the higher pay<\/p>\n
    scales were granted subject to the Post-fact approval of<\/p>\n
    Maharashtra    Council   of   Agricultural    Education            and<\/p>\n
    Research (MCAER for short), viz. the respondent No.3.\n<\/p>\n
    The order issued by the University granting higher pay sale<\/p>\n
    to the petitioners dated 26th October, 2004, further makes it<\/p>\n
    clear ” the above orders are issued subject to post facto<\/p>\n
    approval of MCAER and in case of suitability\/eligibility of<\/p>\n
    any of the persons referred to above as assessed by the<\/p>\n
    University Level Selection Committee is not agreed to by<\/p>\n
    the authority concerned, the orders in respect of such<\/p>\n
    candidate will be treated as withdrawn and the payment, if<\/p>\n
    any , made will be recovered from the concerned’s pay<\/p>\n
                                            ::: Downloaded on – 09\/06\/2013 15:39:27 :::<\/span>
\n                                   14<\/span><\/p>\n
    and or pensionary benefits. The candidate will have to<\/p>\n
    execute an undertaking to this effect in the enclosed form<\/p>\n
    and without such undertaking no benefits of Professor’s<\/p>\n
    scale will be allowed.”\n<\/p>\n
    It is thus clear that though the petitioners were granted the<\/p>\n
    scale of the post of Professor under the Career<\/p>\n
    Advancement Scheme, the same was subject to the post<\/p>\n
    facto approval by the MCAER and subject to furnishing of<\/p>\n
    an undertaking that in the event, the decision is not<\/p>\n
    approved by the authority, the petitioners will have to return<\/p>\n
    the amount received in excess.\n<\/p>\n
    6]        Thus, the petitioners started drawing the salary<\/p>\n
    in the pay scale admissible to the post of Professor though<\/p>\n
    none of the petitioners had ever entered the cadre of<\/p>\n
    Associate Professors substantively and were only for name<\/p>\n
    sake designated as        Associate Professors          under the<\/p>\n
    earlier Govt. Resolution dated 20th March, 1997.\n<\/p>\n
                                            ::: Downloaded on – 09\/06\/2013 15:39:27 :::<\/span>
\n                                 15<\/span><\/p>\n
    7]        The University, thereafter forwarded a proposal<\/p>\n
    wherein, higher pay scale of Professor was granted to the<\/p>\n
    Associate Professors working substantively in that cadre,<\/p>\n
    so also, the present petitioners, who were not holding the<\/p>\n
    post of Associate Professor substantively, however, were<\/p>\n
    granted the said designation.\n<\/p>\n
    .\n<\/p>\n
              On receipt of the proposal from the University for<\/p>\n
    post facto approval, the respondent No.3, vide its<\/p>\n
    communication dated 5th August, 2005, turned down the<\/p>\n
    approval to the grant of pay scale of Professor to the<\/p>\n
    petitioners\/Assistant Professors (Selection Grade).               It is<\/p>\n
    seen that the letter dated 5th August, 2005,issued by the<\/p>\n
    respondent No.3, invited attention of the University to a<\/p>\n
    letter received from the Additional Secretary, Government<\/p>\n
    of India, dated 19\/4\/2004, and more particularly, to the<\/p>\n
    clarification at Sr.No.5., and the respondent No.2 was<\/p>\n
    directed to prepare a proper proposal in the light of the<\/p>\n
                                           ::: Downloaded on – 09\/06\/2013 15:39:27 :::<\/span>
\n                                         16<\/span><\/p>\n
    clarification at Sr. No. 5(B).        After introduction of the pay<\/p>\n
    revision, certain anomalies and difficulties had arisen in the<\/p>\n
    implementation of the Career Advancement Scheme and<\/p>\n
    hence, in regard to the doubts expressed and references<\/p>\n
    received, seeking clarification, the letter dated 19th April,<\/p>\n
    2004 was addressed by the Ministry of Agriculture,<\/p>\n
    department of Agricultural Research and Education, to the<\/p>\n
    Chief Secretaries of all the States. The relevant query and<\/p>\n
    the clarification is at item No. 5(b) which reads thus :-\n<\/p>\n
             Points of Doubt            Clarification\n   \n\n\n\n    Sr.No.\n\n    5(b)     Whether a Lecturer         Since 8 years of service as\n             (Selection Grade) on       Associate Professor\/Reader is\n\n\n\n\n\n             acquiring Ph.D. Degree     mandatory for being considered\n             would be promoted as       for the post of Professor, a\n             Principal      Professor   Lecturer (Selection Grade) would\n<\/pre>\n
             irrespective of the date   be promoted as Professor only<\/p>\n
             of acquiring the Ph.D.     after he completes eight years
\n             Degree                     service    after   he   becomes
\n                                        Associate Professor\/Reader on
\n                                        acquiring Ph.D. Degree.\n<\/p>\n
                                                        ::: Downloaded on – 09\/06\/2013 15:39:27 :::<\/span>
\n                                   17<\/span><\/p>\n
    .         On the advise of the respondent No.3, the<\/p>\n
    University proceeded to withdraw the higher scale granted<\/p>\n
    to the present petitioners of the post of Professor vide<\/p>\n
    orders dated 30\/1\/208 and 4\/2\/2008. Aggrieved thereby,<\/p>\n
    the present writ petition came to be filed. In                   similar<\/p>\n
    situation, the Registrar of Dr. Balasaheb Sawant Konkan<\/p>\n
    Krishi Vidyapith, Ratnagiri, had sought clarification from the<\/p>\n
    Ministry of Agriculture, Government of India.                        The<\/p>\n
    clarification issued on 22\/8\/2007, in regard to point N.8, is<\/p>\n
    very relevant. In the said communication, it is stated that it<\/p>\n
    has been clarified that for promotion to the post of<\/p>\n
    Professor (promotion) 8 years service as Reader\/Associate<\/p>\n
    Professor with Ph.D. In the revised pay scale of Rs.\n<\/p>\n
    12000-18300     must    remain      the   minimum           eligibility.\n<\/p>\n
    Thereafter, it is stated that ” In other words, only the<\/p>\n
    Readers\/Associate      Professors    in   the     scale        of     Rs.\n<\/p>\n
    12,000-18300, with Ph.D. Degree are eligible for placement<\/p>\n
                                              ::: Downloaded on – 09\/06\/2013 15:39:27 :::<\/span>
\n                                   18<\/span><\/p>\n
    in the scale of Professor after completion of 8 years service<\/p>\n
    in the grade.” It is then stated that, “There is no provision<\/p>\n
    in the revised Career Advancement Scheme notified by the<\/p>\n
    UGC, whereby, the Assistant Professors (Selection Grade)<\/p>\n
    could be given the scale of Professor.”\n<\/p>\n
    10]        It is to be seen that the revised pay scales are to<\/p>\n
    be uniformly applied, in accordance with the scales notified<\/p>\n
    by the UGC. Career Advancement Scheme itself provides<\/p>\n
    for redressal of anomalies. Clause 6 thereof, reads thus :-\n<\/p>\n
               “.Redressal of Anomalies :\n<\/p><\/blockquote>\n
                    Anomalies arising after implementation of<\/p>\n
          this order\/notification shall be brought to the notice of
\n          ICAR which will be considered in consultation with
\n          DOPT\/Dept. Of Expr. Ministry of Finance..”\n<\/p><\/blockquote>\n
          .         We are also informed by the learned<\/p>\n
          counsel appearing for the respondents, that no other<\/p>\n
          agricultural university in the State of Maharashtra has<\/p>\n
                                              ::: Downloaded on – 09\/06\/2013 15:39:27 :::<\/span>
\n                                   19<\/span><\/p>\n
          granted revised scale of Professor to the Assistant<\/p>\n
          Professors ( Selection Grade).\n<\/p><\/blockquote>\n
    11]         In the above factual matrix, two fold submissions<\/p>\n
    are made by Shri Katneshwarkar, the learned counsel for<\/p>\n
    the petitioners.\n<\/p>\n
          [i]   That, the present petitioners having been<\/p>\n
          granted the status of Associate Professors in the year<\/p>\n
          1997 itself, they are entitled to be paid in the scale<\/p>\n
          admissible to the post of Professor at par with the<\/p>\n
          Associate Professors who are holding the said post<\/p>\n
          substantively.\n<\/p>\n
    .           Reverting back to clause 4 of the Govt.\n<\/p>\n
    Resolution,it is seen that the minimum length of service for<\/p>\n
    eligibility to move into the Grade of Assistant Professor<\/p>\n
    (Senior Scale) and minimum length of service for eligibility<\/p>\n
    to move into the grade of Assistant Professor (Selection<\/p>\n
    Grade) is stipulated for, in sub-clause (a). However, sub-\n<\/p>\n
                                            ::: Downloaded on – 09\/06\/2013 15:39:27 :::<\/span>
\n                                   20<\/span><\/p>\n
    clause (C) lays down that Associate Professor with a<\/p>\n
    minimum 8 years service will be eligible for consideration<\/p>\n
    for appointment as Professor. It is nowhere stipulated in<\/p>\n
    the said Govt. Resolution that an Assistant Professor would<\/p>\n
    be eligible to the pay scale admissible to the post of<\/p>\n
    Professor.\n<\/p>\n
    .\n<\/p>\n
                 As stated hereinabove, only for name sake, the<\/p>\n
    Assistant     Professors   with    Ph.D.   Qualification             were<\/p>\n
    designated as Associate Professors, all other conditions of<\/p>\n
    service such as duties, responsibilities, working hours,<\/p>\n
    seniority etc., remaining the same.\n<\/p>\n
    12]              The decision of the State Government to<\/p>\n
    change the nomenclature of the post occupied by the<\/p>\n
    Assistant Professors with Ph.D. Degrees to that of<\/p>\n
    Associate Professors or in other words designating the<\/p>\n
    petitioners as Associate Professors, in our considered<\/p>\n
    opinion, does not confer or bestow a status of Associate<\/p>\n
                                               ::: Downloaded on – 09\/06\/2013 15:39:27 :::<\/span>
\n                                  21<\/span><\/p>\n
    Professor on the Assistant Professors. At no stretch of<\/p>\n
    imagination can it be said that, on conferring a new<\/p>\n
    nomenclature , there had occasioned change in the cadre<\/p>\n
    of the petitioners. Their cadre remained the same i.e. of<\/p>\n
    Assistant Professors. In that view of the matter, we reject<\/p>\n
    the contention of the learned counsel for the petitioners<\/p>\n
    that the present petitioners are covered by clause 4(c) of<\/p>\n
    the Career Advancement Scheme.\n<\/p>\n
    13]       It is next contended that the respondent No.3<\/p>\n
    MCAER, has no role to play under the scheme of the Act or<\/p>\n
    the Government Resolution         in the matter of grant or<\/p>\n
    refusal of approval to the decision of the University to grant<\/p>\n
    higher pay scale.\n<\/p>\n
    .         We are not in agreement with the said\n\n    submission.\n\n    14]       Perusal of Section 12 of the Maharashtra\n\n<\/pre>\n
    Agricultural Universities Act, 1983, provides for constitution<\/p>\n
                                            ::: Downloaded on – 09\/06\/2013 15:39:27 :::<\/span>
\n                                      22<\/span><\/p>\n
    of State Council and its powers and functions, which reads<\/p>\n
    thus :-\n<\/p>\n
                12.(1)     For     the          purposes            of      effective\n\n\n\n\n                                                       \n                    coordination          in     the         activities       of      all\n                    Agricultural      Universities             in     the       State,\n<\/pre>\n
                    particularly in relation to teaching, research,<\/p>\n
                    extension education and other matters of<\/p>\n
                    common interests and for having periodical
\n                    evaluation       of        the     functioning           of      the<\/p>\n
                    Universities      and        supervision             over        the
\n                    Universities      and            their     academic            and<\/p>\n
                    financial activities and programmes, the<\/p>\n
                    State Government shall constitute a Council
\n                    to be called ” the Maharashtra Council of<\/p>\n
                    Agricultural Education and Research”.\n<\/p>\n
              12(2)      (a)   the        Minister            for     Agriculture,<\/p>\n
              Maharashtra state, shall be the Chairman of the
\n              State Council;\n<\/p>\n
              (b)     The State Government may appoint a
\n              person who in its opinion, has expertise in any<\/p>\n
                                                        ::: Downloaded on – 09\/06\/2013 15:39:28 :::<\/span>
\n                             23<\/span><\/p>\n
      aspect of agricultural development, to be the<\/p>\n
      Vice-Chairman of the Council.\n<\/p>\n
      (c)   The Council shall consist of the following
\n      other members, namely :-\n<\/p>\n
      (i) the Vice-Chancellors of the Agricultural
\n      Universities in the State as ex-officio members;\n<\/p>\n
      (ii) the Chief Secretary to the Government and<\/p>\n
      the    Agriculture,        Finance       and         Planning
\n      Secretaries    to     Government           as       ex-officio<\/p>\n
      members;\n<\/p>\n
      (iii) one representative of the Indian Council of<\/p>\n
      Agricultural research to be appointed by the<\/p>\n
      State Government;\n<\/p>\n
      (iv) four non-official members of the Executive<\/p>\n
      Councils concerned to be appointed by the State
\n      Government,        one     from      each        Agricultural<\/p>\n
      University area;\n<\/p>\n
      (v) one member to be appointed by the
\n      Chancellor;\n<\/p>\n
      (vi) two agricultural scientists to be appointed by
\n      the State Government;\n<\/p>\n
                                        ::: Downloaded on – 09\/06\/2013 15:39:28 :::<\/span>
\n                                     24<\/span><\/p>\n
              (vii) the member-secretary, a whole time officer,<\/p>\n
              to be appointed by the State Government.<\/p><\/blockquote>\n
              12 (3) Without prejudice to the generality of the
\n    provisions of sub-section (1), the Council shall have the<\/p>\n
    following powers and functions, namely :-\n<\/p>\n
              (a) to approve the annual plans of the<\/p>\n
              Universities and the schemes forming part of
\n              such plans;\n<\/p><\/blockquote>\n
              (b) subject to the provisions of Section 54, to<\/p>\n
              approve the annual financial estimates of the
\n              Universities;\n<\/p><\/blockquote>\n
              (c) to grant approval to any proposals by the<\/p>\n
              Universities    for    re-appropriation        of     budget
\n              grants;\n<\/p><\/blockquote>\n
              (d) to grant permission to the Universities for
\n              starting any new faculties, courses or disciplines<\/p>\n
              or departments, as well as introduction of
\n              additional elective subjects for any curriculum;<\/p><\/blockquote>\n
              (e) to grant administrative approval to any
\n              building proposed to be constructed by any<\/p>\n
                                              ::: Downloaded on – 09\/06\/2013 15:39:28 :::<\/span>
\n                           25<\/span><\/p>\n
      University, the cost of which is estimated to be<\/p>\n
      three lakhs rupees or more ;\n<\/p>\n
      (f)     to grant administrative approval to any
\n      equipment proposed to be purchased by any<\/p>\n
      University, the cost of which is estimated to be
\n      five lakhs rupees or more;\n<\/p>\n
      (g) to review, from time to time, the work done
\n      in    the<\/p>\n
                  Universities   relating     to     agricultural
\n      education, teaching, research and extension<\/p>\n
      education     programmes      including         the       work
\n      connected with animal husbandry, horticulture,<\/p>\n
      forestry, dairy science and food technology and<\/p>\n
      fisheries with a view to achieving effective co-
\n      ordination in the activities of the Universities and
\n      to give them suitable guidance and directions;\n<\/p>\n
      (h) to apprise the Chancellor of the functioning
\n      of the Universities in the light of the periodical<\/p>\n
      evaluation made by it;\n<\/p>\n
      (i) to move the State Government to release
\n      funds to the Universities, both plan and non-plan
\n      at such intervals as may be found necessary, on
\n      the basis of the decisions taken by the Councils;\n<\/p>\n
                                      ::: Downloaded on – 09\/06\/2013 15:39:28 :::<\/span>
\n                              26<\/span><\/p>\n
      (j) to advise the State Government on any<\/p>\n
      matters     relating    to     the     activities         of     the<\/p>\n
      Universities, which may be referred to it by the
\n      State Government.\n<\/p>\n
      (k) to exercise such other powers and to
\n      discharge such other function as are incidental<\/p>\n
      to or requisite to give effect to the provisions of
\n      this Act.ig
\n      12(4)(a) The council, in the exercise of its<\/p>\n
      powers and the discharge of its functions, shall
\n      have the power to issue necessary directions to<\/p>\n
      the   Universities,         under    intimation           to      the<\/p>\n
      Chancellor, which shall be final and binding on
\n      the Universities.\n<\/p>\n
      (b) It shall be the duty of the Vice-Chancellor
\n      concerned to ensure that such directions are
\n      promptly and properly implemented, and for this<\/p>\n
      purpose the Vice-Chancellor shall have and
\n      exercise all the necessary powers as provided in
\n      sub-section (6) of Section 18.”\n<\/p>\n
                                           ::: Downloaded on – 09\/06\/2013 15:39:28 :::<\/span>
\n                                   27<\/span><\/p>\n
    15]       Placing reliance on the provisions of Section 12,<\/p>\n
    the learned counsel Shri S.R. Deshpande, appearing for<\/p>\n
    the respondent No.3 MCAER, has rightly submitted that the<\/p>\n
    State Council ( MCAER ) is a high powered Authority<\/p>\n
    having supervisory power over the functioning of the<\/p>\n
    Universities. The Vice Chancellors of all the Agricultural<\/p>\n
    Universities in the State are Ex-officio Members.\n<\/p>\n
    16]       We have no iota of doubt that for the purpose of<\/p>\n
    effective coordination in the activities of the Agricultural<\/p>\n
    Universities in the State, particularly in relation to Academic<\/p>\n
    and financial activities, the MCAER has been constituted.\n<\/p>\n
    The University on its own, cannot grant higher pay scale<\/p>\n
    without the sanction of the respondent No.3 – MCAER. All<\/p>\n
    Annual financial estimates and budget appropriation is<\/p>\n
    made subject to the supervision of the respondent NO.3.\n<\/p>\n
    The university has rightly sought post facto approval from<\/p>\n
    the respondent No.3 – State council in the matter of grant<\/p>\n
                                             ::: Downloaded on – 09\/06\/2013 15:39:28 :::<\/span>
\n                                    28<\/span><\/p>\n
    of higher pay scale to the present petitioners after granting<\/p>\n
    higher pay scales provisionally. The University has also<\/p>\n
    rightly withdrawn the higher pay scale granted to the<\/p>\n
    petitioners in compliance of the directions issued by the<\/p>\n
    respondent No.3.       We do not see any merit in the<\/p>\n
    contention raised by the learned counsel for the petitioners<\/p>\n
    that the respondent No.3 has no power, authority or<\/p>\n
    jurisdiction to refuse the approval sought for, by the<\/p>\n
    University.\n<\/p>\n
    17]         In the result, there being no merit in the petition,<\/p>\n
    the same is dismissed. Rule is discharged.\n<\/p>\n
            [N.D. DESHPANDE,J.]            [A.P. DESHPANDE.J.]<\/p>\n
    Grt\/-\n<\/p>\n
                                              ::: Downloaded on – 09\/06\/2013 15:39:28 :::<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"
Bombay High Court Age 56 Years vs 3] Maharashtra Council Of … on 26 February, 2010 Bench: A.P. Deshpande, N.D. Deshpande 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION No. 7364 OF 2008 1] Dr. Balaji s\/o. Ramrao Kawathekar Age 59 years, Occ. Service in Marathwada Agricultural University Parbhani, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[11,8],"tags":[],"class_list":["post-142490","post","type-post","status-publish","format-standard","hentry","category-bombay-high-court","category-high-court"],"yoast_head":"\nAge 56 Years vs 3] Maharashtra Council Of ... on 26 February, 2010 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Age 56 Years vs 3] Maharashtra Council Of ... on 26 February, 2010 - Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.legalindia.com\/judgments\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010\" \/>\n<meta property=\"og:site_name\" content=\"Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/LegalindiaCom\/\" \/>\n<meta property=\"article:published_time\" content=\"2010-02-25T18:30:00+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2015-06-17T05:24:30+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1\" \/>\n\t<meta property=\"og:image:width\" content=\"512\" \/>\n\t<meta property=\"og:image:height\" content=\"512\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Legal India Admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@legaliadmin\" \/>\n<meta name=\"twitter:site\" content=\"@Legal_india\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Legal India Admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"20 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010\"},\"author\":{\"name\":\"Legal India Admin\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\"},\"headline\":\"Age 56 Years vs 3] Maharashtra Council Of … on 26 February, 2010\",\"datePublished\":\"2010-02-25T18:30:00+00:00\",\"dateModified\":\"2015-06-17T05:24:30+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010\"},\"wordCount\":3186,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\"},\"articleSection\":[\"Bombay High Court\",\"High Court\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010\",\"name\":\"Age 56 Years vs 3] Maharashtra Council Of ... on 26 February, 2010 - Free Judgements of Supreme Court & High Court | Legal India\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\"},\"datePublished\":\"2010-02-25T18:30:00+00:00\",\"dateModified\":\"2015-06-17T05:24:30+00:00\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Age 56 Years vs 3] Maharashtra Council Of … on 26 February, 2010\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\",\"name\":\"Free Judgements of Supreme Court & High Court | Legal India\",\"description\":\"Search and read the latest judgements, orders, and rulings from the Supreme Court of India and all High Courts. A comprehensive database for lawyers, advocates, and law students.\",\"publisher\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\"},\"alternateName\":\"Free judgements of Supreme Court & High Court of India | Legal India\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Organization\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\",\"name\":\"Judgements of Supreme Court & High Court | Legal India\",\"alternateName\":\"Legal India\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/logo\\\/image\\\/\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/wp-content\\\/uploads\\\/sites\\\/5\\\/2025\\\/09\\\/legal-india-icon.jpg\",\"contentUrl\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/wp-content\\\/uploads\\\/sites\\\/5\\\/2025\\\/09\\\/legal-india-icon.jpg\",\"width\":512,\"height\":512,\"caption\":\"Judgements of Supreme Court & High Court | Legal India\"},\"image\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/logo\\\/image\\\/\"},\"sameAs\":[\"https:\\\/\\\/www.facebook.com\\\/LegalindiaCom\\\/\",\"https:\\\/\\\/x.com\\\/Legal_india\"]},{\"@type\":\"Person\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\",\"name\":\"Legal India Admin\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"url\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"contentUrl\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"caption\":\"Legal India Admin\"},\"sameAs\":[\"https:\\\/\\\/www.legalindia.com\",\"https:\\\/\\\/x.com\\\/legaliadmin\"],\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/author\\\/legal-india-admin\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Age 56 Years vs 3] Maharashtra Council Of ... on 26 February, 2010 - Free Judgements of Supreme Court & High Court | Legal India","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.legalindia.com\/judgments\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010","og_locale":"en_US","og_type":"article","og_title":"Age 56 Years vs 3] Maharashtra Council Of ... on 26 February, 2010 - Free Judgements of Supreme Court & High Court | Legal India","og_url":"https:\/\/www.legalindia.com\/judgments\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010","og_site_name":"Free Judgements of Supreme Court & High Court | Legal India","article_publisher":"https:\/\/www.facebook.com\/LegalindiaCom\/","article_published_time":"2010-02-25T18:30:00+00:00","article_modified_time":"2015-06-17T05:24:30+00:00","og_image":[{"width":512,"height":512,"url":"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1","type":"image\/jpeg"}],"author":"Legal India Admin","twitter_card":"summary_large_image","twitter_creator":"@legaliadmin","twitter_site":"@Legal_india","twitter_misc":{"Written by":"Legal India Admin","Est. reading time":"20 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.legalindia.com\/judgments\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010#article","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010"},"author":{"name":"Legal India Admin","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea"},"headline":"Age 56 Years vs 3] Maharashtra Council Of … on 26 February, 2010","datePublished":"2010-02-25T18:30:00+00:00","dateModified":"2015-06-17T05:24:30+00:00","mainEntityOfPage":{"@id":"https:\/\/www.legalindia.com\/judgments\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010"},"wordCount":3186,"commentCount":0,"publisher":{"@id":"https:\/\/www.legalindia.com\/judgments\/#organization"},"articleSection":["Bombay High Court","High Court"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/www.legalindia.com\/judgments\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010#respond"]}]},{"@type":"WebPage","@id":"https:\/\/www.legalindia.com\/judgments\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010","url":"https:\/\/www.legalindia.com\/judgments\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010","name":"Age 56 Years vs 3] Maharashtra Council Of ... on 26 February, 2010 - Free Judgements of Supreme Court & High Court | Legal India","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/#website"},"datePublished":"2010-02-25T18:30:00+00:00","dateModified":"2015-06-17T05:24:30+00:00","breadcrumb":{"@id":"https:\/\/www.legalindia.com\/judgments\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.legalindia.com\/judgments\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.legalindia.com\/judgments\/age-56-years-vs-3-maharashtra-council-of-on-26-february-2010#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.legalindia.com\/judgments\/"},{"@type":"ListItem","position":2,"name":"Age 56 Years vs 3] Maharashtra Council Of … on 26 February, 2010"}]},{"@type":"WebSite","@id":"https:\/\/www.legalindia.com\/judgments\/#website","url":"https:\/\/www.legalindia.com\/judgments\/","name":"Free Judgements of Supreme Court & High Court | Legal India","description":"Search and read the latest judgements, orders, and rulings from the Supreme Court of India and all High Courts. A comprehensive database for lawyers, advocates, and law students.","publisher":{"@id":"https:\/\/www.legalindia.com\/judgments\/#organization"},"alternateName":"Free judgements of Supreme Court & High Court of India | Legal India","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.legalindia.com\/judgments\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Organization","@id":"https:\/\/www.legalindia.com\/judgments\/#organization","name":"Judgements of Supreme Court & High Court | Legal India","alternateName":"Legal India","url":"https:\/\/www.legalindia.com\/judgments\/","logo":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/logo\/image\/","url":"https:\/\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg","contentUrl":"https:\/\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg","width":512,"height":512,"caption":"Judgements of Supreme Court & High Court | Legal India"},"image":{"@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/LegalindiaCom\/","https:\/\/x.com\/Legal_india"]},{"@type":"Person","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea","name":"Legal India Admin","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","caption":"Legal India Admin"},"sameAs":["https:\/\/www.legalindia.com","https:\/\/x.com\/legaliadmin"],"url":"https:\/\/www.legalindia.com\/judgments\/author\/legal-india-admin"}]}},"modified_by":null,"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_likes_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/142490","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/comments?post=142490"}],"version-history":[{"count":0,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/142490\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/media?parent=142490"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/categories?post=142490"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/tags?post=142490"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}