Navnath Raghunath Somwanshi vs 3] Joint Director Of Technical ...
2010 Latest Caselaw 304 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                APPELLATE SIDE, BENCH AT AURANGABAD.




                                                                                 
                                       WRIT PETITION NO.8106/2010 




                                                         
    Navnath Raghunath Somwanshi
    Age 36 years, Occ-Nil
    R/o Vaijapur,




                                                        
    Tq. Vaijapur, Dist.Aurangabad.                       .. PETITIONER


         VERSUS




                                           
    1]   Padmashree Dr. Vithalrao
         Vikhe Patil Foundation,
                          
         Vilad Ghat, Ahmednagar
         Through its Secretary,
         PDVVP Foundation.
                         
    2]   The Principal
         Padmashree Dr.Vithalrao Vikhe
         Patil Foundation s Polytechnic
         Vilad Ghat, Ahmednagar.
       

    3]   Joint Director of Technical Education,
         Regional Directorate,
    



         Nasik Region,
         Near Govt.Polytechnic Campus,
         Samangaon Road, Nasik Road,
         Nasik.                            .. RESPONDENTS





                            .....

WRIT PETITION NO.8107/2010

Shivaji Yashwant Avhad Since deceased Per L.Rs.

1] Subhadra Shivaji Avhad age 40 yrs, Occ-Nil R/o MIDC Area,Ahmednagar

2] Amol Shivaji Avhad age 17 yrs, Occ-Student R/o as above.

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3] Vikas Shivaji Avhad Age 16 yrs, Occ-Student R/o As above,

4] Dipali Shivaji Avhad Age 14 yrs, Occ-Student

R/o as above.

[petitioner no.2 to 4 are under guardianship of petitioner no.1 Subhadra Shivaji Avhad.] .. PETITIONERS

VERSUS

1] Padmashree Dr. Vithalrao

Vikhe Patil Foundation, Vilad Ghat, Ahmednagar

Through its Secretary, PDVVP Foundation.

2] The Principal

Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,

Regional Directorate, Nasik Region,

Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6426/2010

Bharat Dhondiba Gaiyake, Age 37 years, Occ-Nil R/o Near Govt.Milk Dairy, MIDC, Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar Through its Secretary,

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PDVVP Foundation.

2] The Principal

Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus,

Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6701/2010

Arun Laxman Ghodke

Age 51 yrs, Occ-Nil R/o Plot No.79, Rani Laxmi Chowk Kedgaon, Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation,

Vilad Ghat, Ahmednagar Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

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WRIT PETITION NO.6702/2010

Shivaji Bhagwat Harishchandre Age 37 years, Occ-Nil R/o Khadambe,

Tq. Rahuri Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar Through its Secretary,

PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus,

Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

......

WRIT PETITION NO.6703/2010

Sachin Khanderao Kardile Age 36 yrs, Occ-Nil R/o Anjali Opp.Tar Colony Savedi, Ahmednagar .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar Through its Secretary, PDVVP Foundation.

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2] The Principal Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road,

Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6704/2010

Kashinath Sharigram Gavate Age 37 years, Occ-Nil

R/o Prachi Mahadev, Post.Vambori Tq. Rahuri, Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao

Vikhe Patil Foundation, Vilad Ghat, Ahmednagar Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6705/2010

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Dadasaheb Murlidhar Sathe Age 46 years, Occ-Nil

R/o Narayandoho Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar

Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3]

Joint Director of Technical Education, Regional Directorate, Nasik Region,

Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6706/2010

Laxman Vishnu Shinde Age 38 years, Occ-Nil R/o Vilad, Gawaliwada

Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe

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Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region,

Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6707/2010

Babasaheb Raghunath Kolase Age 32 years, Occ-Nil

Ahmednagar.

R/o Ghuha, Tq. Rahuri .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar Through its Secretary,

PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road,

Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6708/2010

Pradip Haribhau Dhambore Age 34 years, Occ-Nil R/o Sonai, Tq. Newasa

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Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation,

Vilad Ghat, Ahmednagar Through its Secretary, PDVVP Foundation.

2] The Principal

Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,

Regional Directorate, Nasik Region,

Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6709/2010

Dattatraya Eknath Pund Age 38 years, Occ-Nil R/o Nandgaon Shingave, Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar

Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road,

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Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6710/2010

Bhausaheb Damu Funde Age 37 years, Occ-Nil

R/o Walunj, Tq. Pathari Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation,

Vilad Ghat, Ahmednagar Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate,

Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6711/2010

Nivruti Baburao Satpute Age 52 years, Occ-Nil R/o Patil Row Housing Police Colony, Savedi Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar

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Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic

Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region,

Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6712/2010

Rangnath Kashinath Pagire Age 47 years, Occ-Nil R/o Vambori Tq. Rahuri,

Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar

Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic

Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

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WRIT PETITION NO.6713/2010

Bhimraj Rangnath Pawar Age 42 years, Occ-Nil

R/o 502, Saptashringi Niwas Kedgaon, Tq & Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar Through its Secretary,

PDVVP Foundation.

2] The Principal

Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic

Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region,

Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6714/2010

Babasaheb Shivaji Ware Age 40 years, Occ-Nil R/o Bharatnagar,Gandhinagar Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic

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Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,

Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus,

Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6715/2010

Jagdish Tukaram Mehetre

Age 38 years, Occ-Nil R/o Plot No.27, Vijay Nagar Bholegaon Phata, Dist.Ahmednagar.

                       ig                          .. PETITIONER

         VERSUS
                     

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar Through its Secretary,

PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road,

Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6847/2010

Sadashiv Nagnath Nirmale Age 44 years, Occ-Nil R/o Behind Hanuman Vidyalaya Savedi, Ahmednagar. .. PETITIONER

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VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar

Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate,

Nasik Region, Near Govt.Polytechnic Campus,

Nasik.

Samangaon Road, Nasik Road, .. RESPONDENTS

.....

WRIT PETITION NO.6848/2010

Pravin Trimbak Davkhar Age 31 years, Occ-Nil

R/o Davalali Pravara Tq. Rahuri, Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar Through its Secretary,

PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

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.....

WRIT PETITION NO.6849/2010

Vilas Bhimsing Jadhav Age 44 years, Occ-Nil R/o Post Akolner, Tq. & Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation,

Vilad Ghat, Ahmednagar Through its Secretary,

2] The Principal

PDVVP Foundation.

Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate,

Nasik Region, Near Govt.Polytechnic Campus,

Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6850/2010

Bhausaheb Narayan Kadu Age 36 years, Occ-Nil R/o Sade, Tq. Rahuri, Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar Through its Secretary, PDVVP Foundation.

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2] The Principal Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road,

Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6851/2010

Mahadeo Parvati Jadhav

Age 46 years, Occ-Nil R/o Jadavwadi Post Akolner, Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation,

Vilad Ghat, Ahmednagar Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,

Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6852/2010

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Madhindra Ramji Rohokale Age 46 years, Occ-Nil

R/o Vadgaongupta, Tq. & Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar

Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3]

Joint Director of Technical Education, Regional Directorate, Nasik Region,

Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6853/2010

Machindra Haribhau Sathe

Age 36 years, Occ-Nil R/o Narayandoho, Tq.& Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate,

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Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road,

Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6854/2010

Laxman Bhausaheb Awari Age 44 years, Occ-Nil R/o Randhe Tq. Parner, Dist.Ahmednagar. .. PETITIONER

VERSUS

1]

Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar

Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region,

Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6855/2010

Dattatraya Bhanudas Gavhane Age 44 years, Occ-Nil R/o Plot No.10, Vidya Colony, Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation,

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Vilad Ghat, Ahmednagar Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate,

Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6856/2010

Subhash Govind Bhosale Age 37 years, Occ-Nil R/o Pimpalgaon Malavi, Tq & Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar Through its Secretary,

PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

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WRIT PETITION NO.6857/2010

Vinayak Balkrishna Kadam Age 39 years, Occ-Nil R/o House No.7417, Validkar Galli

Maliwada, Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar Through its Secretary, PDVVP Foundation.

2] The Principal

Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road,

Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6858/2010

Nanasaheb Sakharam Wable Age 45 years, Occ-Nil R/o Near Water Pumping Station, MIDC,

Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic

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Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,

Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus,

Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6859/2010

Kishor Kahhuji Mhaske

Age 41 years, Occ-Nil R/o Post : Nimbodi Tq. Pathari, Dist.Ahmednagar.

                       ig                          .. PETITIONER

         VERSUS
                     

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar Through its Secretary,

PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road,

Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6860/2010

Prataprao Sahebrao Shelke Age 44 years, Occ-Nil R/o 11-A, Uday Housing Society,

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Savedi, Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao

Vikhe Patil Foundation, Vilad Ghat, Ahmednagar Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6861/2010

Rajendra Murlidhar Bhonde

Age 37 years, Occ-Nil R/o Post : Pimpalgaon Malavi, Tq & Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar Through its Secretary,

PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

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.....

WRIT PETITION NO.6862/2010

Vijay Rambhau Jadhav Age 34 years, Occ-Nil R/o Dhambori,

Tq. Rahuri, Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation,

Vilad Ghat, Ahmednagar Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate,

Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6863/2010

Balkrishna Pandurang Zavare Age 41 years, Occ-Nil R/o Dhavalpuri Tq. Parner, Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar

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Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic

Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region,

Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6864/2010

Popat Ramchandra Kale

Age 35 years, Occ-Nil R/o Post : Dehere Ta. & Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao

Vikhe Patil Foundation, Vilad Ghat, Ahmednagar Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education, Regional Directorate, Nasik Region, Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

WRIT PETITION NO.6865/2010

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Sharad Chamakrao Tanpure Age 44 years, Occ-Nil R/o Plot no.41, Punammoti Nagar,

Behind Market Yard, Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao Vikhe Patil Foundation, Vilad Ghat, Ahmednagar

Through its Secretary, PDVVP Foundation.

2] The Principal Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic Vilad Ghat, Ahmednagar.

3]

Joint Director of Technical Education, Regional Directorate, Nasik Region,

Near Govt.Polytechnic Campus, Samangaon Road, Nasik Road, Nasik. .. RESPONDENTS

.....

Shri Satyajit S. Bora,Adv.for Petitioners. Shri V.D.Hon,Advocate for respondent no.1 & 2. Shri D.V.Tele,AGP for Respondent no.3.

....

CORAM : A.A.SAYED,J.

                                        DATE :     20/12/2010.





    ORAL JUDGMENT :


    1]    Rule.        Rule    made   returnable     forthwith           and     heard

finally by consent of parties.

2] The above petitions impugn the orders of Presiding Officer, School Tribunal, Solapur. By the said orders, the applications filed by respondent-Institution to dismiss the

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appeals of the petitioners pending before it, came to be allowed and the appeals were dismissed as infructuous in

view of the order passed by Government of Maharashtra dated 15/5/2007 of final closure of the respondent-institution

under Rule 25(A) of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as MEPS Act for brevity).

3] The appeals before the School Tribunal had been filed by the petitioners, who were employees of the respondent- institution questioning the retrenchment notice dated

21/7/2005 issued to them as per Rule 26(1) of MEPS Act by the respondent-institution. During the appeals, closure order dated 15/5/2007 of the respondent-

pendency of the

institution was passed by the Government of Maharashtra.

The respondent-institution thereupon moved applications in the said appeals stating that in view of the closure order, the appeals had become infructuous. As indicated above, the

said applications came to be allowed by the impugned orders

and the Appeals of the petitioners were dismissed. Hence, the above Writ Petitions.

4] At the outset, it is noticed that the closure order

dated 15/5/07 was issued during the pendency of the appeal which was filed in 2005. It is further noticed that the impugned orders are passed, based on the closure order of

the Government of Maharashtra dated 15/5/07 on an interlocutory application, holding that since the appeals have become infructuous in view of the closure order, the appeals stand dismissed.

5] In order to appreciate the controversy, it would be apposite to extract Rule 25A of the MEPS Rules 1981 which deals with termination of service on account of abolition of post due to closure of school. The same reads as under :

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           25A]    Termination       of

Service on account of abolition of

posts -

[1] The services of permanent

employee may be terminated by the Management on account of abolition of posts due to closure of the school after giving him advance

intimation of three months to the effect that in the event of closure of the school, his services shall automatically stand terminated. In the case of closure of school due

to de-recognition, such advance intimation of three months shall be given by the Management to the

permanent employees after receipt of a show cause notice from the Deputy Director.

Explanation : For the purpose of this sub-rule, the expression closure of the school shall include -

[i] voluntary closure by the

Management of the entire school if it is imparting instruction through one medium or a part of the school comprising one or more media of instruction if it is imparting

instruction through more than one medium; and

[ii] closure of the school due to de-recognition by the Department.

[2] The names of the employees in aided schools, whose services stand terminated in accordance with sub- rule (1) on account of de- recognition and who are not directly responsible for such de- recognition, shall be taken on a waiting list by the Education Officer in the case of Primary and Secondary Schools or by the Deputy Director in the case of Higher

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Secondary Schools and Junior College of Education, and same shall be recommended by him to the

Managements of newly opened aided schools or of the existing aided schools which are allowed to open

additional divisions or classes for consideration.

6] The Division Bench of this Court [Swatanter Kumar CJ

(as he then was) and A.M.Khanwilkar,J.] in the decision of Laxmi Education Society and others V/s State of Maharashtra and others reported in 2010 (2) Mh.L.J. 837 had the occasion

to elaborately consider the scheme of closure of schools as contemplated under Rule 25-A of MEPS Act. Speaking on behalf

of the Division Bench, Justice A.M.Khanwilkar observed in paragraphs 33,34 and 35 of the judgment as follows :

[33] The next question is what are the consequences of closure of the school qua permanent employees.

That question in our opinion, will have to be addressed by the School Tribunal

in the first instance, keeping in mind the provisions of Rule 25-A of the Rules. We have already observed that the closure of the school would be governed only by the regime of Rule 25-

A of the Rules. We do not propose to elaborate on this issue any further . Lest it may affect the merits of the pleas available to the Management as well as the concerned permanent employees. All questions in this

behalf will have to be addressed by the Tribunal. Even the question as to whether the Tribunal can direct absorption of the affected permanent employees in the school on the assumption that they have been rendered surplus due to voluntarily closure of the School/Junior College by the Management, will have to be considered by the Tribunal in accordance with law. We do not wish to detain ourselves on those aspects.

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          [34] The   next    question   is   :

Whether the School Tribunal can examine

the question of bona fides of closure.

In this context, we will also consider the correctness of the opinion recorded

by the learned Single Judge in the impugned decision that the Tribunal has misdirected itself in considering the said question inspite of the observations of the Division Bench in

the case of Bhagwant Kumar Sandhu, 2008 (1) All MR 270. In the first place, jurisdiction of the School Tribunal flows from section 9 of the Act, which read thus :

9] Right of appeal to Tribunal

to employees of private schools -

[1] Notwithstanding anything contained in any law or contract for

the time being in force, (any employee in a private school -

[a] who is dismissed or removed or whose services are otherwise

terminated or who is reduced in rank, by the order passed by the Management

or

[b] who is superseded by the Management while making an appointment

to any post by promotion, and who is aggrieved, shall have right of appeal and may appeal against any such order or suppression to the Tribunal constituted under section 8 ;

Provided that, no such appeal shall lie to the Tribunal in any case where the matter has already been decided by a Court of competent jurisdiction or is pending before such Court, on the appointed date or where the order of dismissal, removal, otherwise termination of service or reduction in rank was passed by the Management at any time before the lst July, 1976.

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[2] Such appeal shall be made by the employee to the Tribunal, within thirty days from the date of receipt by

him of the order of dismissal, removal, otherwise termination of service or reduction in rank as the case may be:

Provided that, where such order was made before the appointed date, such appeal may be made within sixty days from the said date.

[3] Notwithstanding anything contained in sub-section (2), the Tribunal may entertain an appeal made to it after the expiry of the said

period of thirty or sixty days, as the case may be, if it is satisfied that

the appellant has sufficient cause for not preferring the appeal within that period.

[4] Every appeal shall be accompanied by a fee of (five hundred) rupees, which shall not be refunded and shall be credited to the Consolidated Fund of the State.

It is a remedy provided to the

employee of a private school, who is dismissed or removed or whose services are terminated or who is reduced by rank by order passed by the Management.

All questions arising in respect of the said grievance will have to be considered by the tribunal. However, at the same time, that does not mean that the tribunal can undertake parallel enquiry on matters which the

Education Department is expected to examine upon receipt of intimation from the management about its proposal to close the school. Indeed, the Tribunal can incidentally go into the question of whether there is closure effected, but it does not empower the tribunal to render conclusive finding with regard to the bonafides of closure. As we have observed in earlier part of this judgment, even the Appropriate Authority of the Education Department

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cannot sit over the decision of the Management to close down the School as an Appellate Authority. The scope of

enquiry even before the Appropriate Authority of the Education Department is only to consider as to what suitable

directions are warranted in the fact situation of the case, so as to minimise the loss and hardship to be caused to the stakeholders, in particular, the students community and

the permanent employees of the school. In our view, therefore, the School Tribunal cannot render conclusive finding with regard to the bona fides of the decision of the Management to

close the school. Moreover, an enquiry with regard to the bonafides of

voluntary closure will be an exercise in futility as the right of the Management to close the school can only be regulated by imposing reasonable

restrictions in the interests of general public. For, it would not be open even to the Appropriate Authority to outright reject the proposal of voluntary closure of the school, as

that would impinge upon the rights guaranteed under Article 19(1) (g) of

the Constitution.

[35] The next question is : Is it open to the school tribunal to consider

the issue of closure resulting in causing prejudice to the existing students of the school or prospective students and that of the society as a whole. We are afraid it is not open to the school tribunal to reopen the issue

of closure of the school, which would attain finality with the directions to be issue by the Appropriate Authority of the Education Department. The School Tribunal in any case would be competent only to address the matters in the context of privileges or benefits available and accrued to the permanent employees if any, on account of the closure of the School. The School Tribunal has no concern with any other issue, since it has been

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constituted only to examine the limited grievance brought before it under Section 9 of the Act.

7] On perusal of the aforesaid paragraphs of the judgment,

it can be seen that what has been expounded by the Division Bench is that notwithstanding that the closure of the institute, the School Tribunal would address the matters in

the context of privileges or benefits available and accrued to the permanent employees if any, on account of the closure of the institution. It is further expounded that in so far

as the closure is concerned, the school tribunal would have no concern and it would not address itself on this issue and

it would only have to examine the limited grievance brought before it under Section 9 of the said Act.

8] Considering the aforesaid judgment, it cannot be said that merely because the closure order has been issued

during the pendency of the appeals, nothing would survive for consideration for the school tribunal in the appeals

pending before it. It is also noticed that the tribunal would also, in accordance with law, have to address itself on the issue of retrenchment for the period prior to the

closure order being passed since the appeals also challenge the retrenchment notices which are subject matter of the appeal, which were filed prior to the closure order dated 15/5/2007 and were pending at the time.

9] In the circumstances, I find that the School Tribunal was not right in dismissing the appeals pending before it that too on an interlocutory application filed on behalf of the respondent-institution. The impugned orders are therefore,unsustainable and required to be set aside and accordingly set aside. Rule is accordingly made absolute in terms of prayer clause B of the petitions.

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10] It would be open to the petitioners to file appropriate

applications for amendment to their appeals to bring on record subsequent events and further make any consequential

prayers, if so adviced. If such applications are filed the same shall be decided on its own merits and in accordance with law after hearing the respondent-institution.

(A.A.SAYED,J.)

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