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Bombay High Court did not record important argument of counsel: Rajan Welukar

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Vice chancellor Rajan Welukar has said that the November 11 order of the Bombay high court, which held that the search committee had made an error in short listing his name for the post of VC, had not reflected an important argument of his counsel.

He filed an application on Tuesday before a bench headed by justice PV Hardas, who heard the matter in his chamber.

Seeking clarification, his application said that the judges had not incorporated important argument of his counsel which had pointed out to the affidavit of the chairman of the search committee. The affidavit had specified the five relevant publications and that the same were considered (while short listing Welukar's name).

This has "not been reflected in the said para 63 or elsewhere in the instant judgment", adds his application.

His application prays that the bench headed by justice Hardas "be pleased to record and/or clarify the said position, as deemed for by this honourable court".

Shekhar Jagtap, counsel for one of the petitioners who have challenged Welukar's appointment, has contended that Welukar was adopting delaying tactics as his tenure is due to expire in four months. He argued that three other judges had ruled in their favour by observing that the search committee had committed an error in short listing Welukar's name for the post of VC.

The bench headed by justice Hardas, on November 11, 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 journal after his PhD.

The order did not say that Welukar was held disqualified to be VC. That issue was to be decided by a bench headed by the chief justice.

Justice Hardas has kept Welukar's application for hearing on January 6.

Story so far
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.
On August 10, 2011 a division bench of the chief justice and justice Girish Godbole gave a split verdict on the issue. While the chief justice agreed that Welukar had all the required qualifications, justice Godbole noted that of the 12 publications claimed by Welukar, only five could be considered as they had been posted in September 2004, and directed the search committee to decide whether they fulfilled the criteria.
The matter was referred to a single judge, justice SJ Vazifdar, who on February 22, 2012 agreed with justice Godbole, but could not decide on the issue. Thereafter, on May 11, 2012 the matter was referred to a new division bench headed by justice PV Hardas.

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