1 910.wp.2318.2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 2318 OF 2025 Mr Sundarsingh Kastursingh Danga .Vs. The State of Maharashtra and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr S. M. Kuhikar, Advocate for the petitioner/s Mr D. P. Thakare, Addl. GP for respondent Nos. 1 to 3/State Mr N. C. Phadnis, Advocate for respondent No. 4 CORAM : ANIL S. KILOR AND RAJNISH R. VYAS, JJ. DATED : 11 th SEPTEMBER , 2026 . Heard both sides. 2. In this writ petition, the challenge is raised to the order, dated 22/04/2025, passed by the Maharashtra Administrative Tribunal, Nagpur in Original Application No. 1177 of 2024. The challenge is restricted to the experience criteria for the post of Head of the Institution (Principal or Dean or Director) as stated in the Advertisement No. 126/2023 dated 05/12/2023. The experience criteria is as per the Rules of 1988, which according to the respondents are in force. Whereas, according to the petitioner it is contrary to the notification dated 16/02/2022 of National Commission for Indian System of Medicine. 3. There is no doubt that the qualification and experience criteria mentioned in the above referred advertisement is not in consonance with the notification dated 2026:BHC-NAG:12084-DB 2 910.wp.2318.2025.odt 16/02/2022, wherein it is provided that ten years of teaching experience as regular teacher in the concerned subject or five years teaching experience as Associate Professor (Reader) on regular basis is required. However, in clause 9.2 of the advertisement dated 05/12/2023 the requirement is of having at least five years experience of teaching to post-graduate students out of total ten years experience. 4. It is the case of the petitioner that the qualification of having five years experience of teaching to post graduate students out of ten years experience is added contrary to the notification dated 16/02/2022. 5. Admittedly, the notification dated 16/02/2022 is not adopted by the State Government as regards the experience clause and therefore, the Tribunal has observed that there is no illegality committed by the respondents in prescribing experience criteria as per the Rules dated 26/05/1988. 6. The learned Tribunal in order dated 22/04/2025 in para 4 has observed thus. “4. The State in its reply has submitted that the experience stated in clause 9.2 of the advertisement is in consonance with rules regulating recruitment to the post of dean in the Government Ayurvedic College dated 26.05.1988. Undisputedly recruitment rule provides the experience criteria of possessing minimum 10 years' teaching experience in Ayurvedic College, after acquiring requisite qualification and out of which 5 years' experience shall be in the teaching of post graduate students. 3 910.wp.2318.2025.odt There is no dispute on the point that experience in clause 9.2 of the advertisement is as per recruitment rule which has been framed by State Government under Article 309 of the Constitution of India. It reveals that State Government has adopted the educational qualification criteria as per notification dated 16.02.2022. However, the experience clause was not adopted. It is for State Government to frame recruitment rules which they did in the year 1988 which are prevailing till date. The applicant has not shown any provision as to how the experience criteria laid in the Central Notification of the year 2022 would Ipso facto apply by eclipsing the recruitment rules. In short the experience clause of the advertisement being in tune with recruitment rules, we do not see any merit in the challenge. In view of the above the application stand dismissed.” 7. In view of the fact that the Government has not adopted the experience criteria of the notification dated 16/02/2022, we do not find any perversity or illegality committed by the learned Tribunal in dismissing the original application. 8. Hence, the writ petition is devoid of merit. Accordingly, it is dismissed. No costs. Pending applications, if any, also stand disposed of. [RAJNISH R. VYAS, J] [ANIL S. KILOR, J.] Namrata Signed by: Miss Namrata Suryawanshi Designation: PA To Honourable Judge Date: 11/09/2026 16:44:59