HC quashes NU geology HoD appointment

Nagpur: The Nagpur bench of Bombay High Court on Wednesday quashed and set aside the appointment of Nagpur University’s head of the department for geology Deepak Malpe. A division bench comprising justice Bhushan Dharmadhikari and justice Pradeep Deshmukh ruled that he was not senior to petitioner Mahadeo Pophare, who is reader in the same department, as per existing rules.Pophare had challenged Malpe’s appointment as HOD through counsel Firdos Mirza, citing provisions of Statute 55 and Ordinance No. 17 of 2006. Mumbai-based chancellor, vice chancellor and registrar of NU, besides Malpe, were made respondents in the case.
Pophare claimed that in the absence of professors in the department in 2005, he was handed over the charge of HOD for five years, being the senior-most reader, and also on account of rotation rule. He completed the tenure as HOD on May 25, 2010, and had a good track record without a single blot on his service so far.
During his tenure, Pradeep Kundal became professor under career advancement scheme (CAS) on August 10, 2007, while Malpe was appointed on January 31, 2009. In NU’s seniority list, Kundal is shown as senior-most followed by Pophare and Malpe. Kundal completed his tenure on May 25 last year, and hence, following rule of seniority applied in 2010, the petitioner should have been handed over HOD’s charge.
However, NU appointed Malpe as HOD on the day Kundal’s tenure came to an end. Subsequently, Pophare made a representation to the VC and registrar, requesting them to designate him as HOD as per Statute 55, but he failed to get any response. He then lodged a complaint with the chancellor on July 6 last year, but didn’t get any reply, thus forcing him to approach the judiciary.
Quoting the statute, Mirza contended that in the absence of any professor in the department, a reader can be appointed as HOD. The lawyer further argued that rotation doesn’t enable respondents to ignore seniority in the cadre. If rotation was to be applied in 2010 ignoring cadre, then after petitioner, Malpe should have been given headship of department at that time only.
Mirza said the respondents’ move to appoint Malpe, ignoring Pophare’s seniority, is contrary to Statute 55 and Ordinance No. 17 of 2006, and it was a violation of right to equality. The petitioner had prayed for either quashing or staying NU’s May 25, 2015 order appointing Malpe as HOD and handing him over charge as per rules.
(With inputs from Namrata Ghaturle)