The bench, headed by Justice Hardas, had on November 11 last year had observed that the search committee did not apply its mind while ascertaining mandatory qualifications whether Rajan Welukar had to his credit minimum five research papers published in peer-reviewed or referred international research journals after his Ph.D.
The Bombay high court on Thursday dismissed an application filed by Mumbai University's vice chancellor Rajan Welukar seeking clarification on its order dated November 11, 2014, which held that the search committee had erred in shortlisting his name for the post. Welukar's application states the order doesn't reflect an important argument of his counsel.
A division bench of Justices PV Hardas and Anuja Prabhudessai dismissed the application saying that it was not maintainable. The judges said that there was no provision in law which allowed such clarification, and besides, the order copy had detailed the relevant arguments of Welukar's counsel as well.
Welukar's application stated that the judges had not incorporated an important argument of his counsel which had pointed out an affidavit of the selection committee's chairman that specified five relevant publications which were considered while shortlisting Welukar's name. This has 'not been reflected in the said para 63 or elsewhere in the instant judgment', says his application. It asks that the bench record (his counsel's arguments) and appropriately clarify its position.
The bench, headed by Justice Hardas, had on November 11 last year had observed that the search committee did not apply its mind while ascertaining mandatory qualifications whether Rajan Welukar had to his credit minimum five research papers published in peer-reviewed or referred international research journals after his Ph.D.
The order did not say that Welukar was held disqualified from the VC's post.
The matter will now go back to the bench headed by the chief justice which will decide on the legality of Welukar's appointment as VC.
The issue of Welukar's appointment came to HC after PILs were filed by social workers Nitin Deshpande and Vasant Ganu Patil, as well as a petition by AD Sawant, former vice chancellor of Rajasthan University, all of whom challenged his appointment and contended that he was adopting delaying tactics as his tenure is due to expire.
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