Dnyanopasak Shikshan Mandals ... vs The District Vocational ...
2021 Latest Caselaw 11156 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                         WRIT PETITION NO.4046 OF 2019

      DNYANOPASAK SHIKSHAN MANDALS COLLEGE OF ARTS
  COMMERCEAND SCIENCE JINTUR THROUGHPRINCIPAL AND ANR
                               VERSUS
  THE DISTRICT VOCATIONAL EDUCATION AND TRAINING OFFICER
                              AND ANR
                                   ...
        Senior Advocate for Petitioners : Mr. R. N. Dhorde i/b
                                          Mr. Vikram R. Dhorde
          AGP for Respondents - State : Mr. S. W. Mundhe
        Advocate for Respondent No.3 : Mr. T. K. Prabhakaran
                                  ...
                                 AND
                 WRIT PETITION NO.4815 OF 2019

     DNYANOPASAK SHIKSHAN MANDALS COLLEGE OF ARTS
    COMMERCEAND SCIENCE JINTUR THROUGHPRINCIPAL
                         AND ANOTHER
                             VERSUS
 THE DISTRICT VOCATIONAL EDUCATION AND TRAINING OFFICER
                          AND OTHERS
                                  ...
       Senior Advocate for Petitioners : Mr. R. N. Dhorde i/b
                                         Mr. Vikram R. Dhorde
         AGP for Respondents - State : Mr. S. W. Mundhe
         Advocate for Respondent No.3 : Mr. V. P. Golewar
                                  ...
                             CORAM : MANGESH S. PATIL, J.

                             DATE :         17.08.2021
PER COURT :-

Though, Writ Petition No. 4815 of 2019 is not on board, at the request of learned Advocate, it is taken on board and is being disposed of jointly with Writ Petition No. 4046 of 2019.

2. In both these petitions, the Management is challenging the

2 23-WP-4046-19.odt

Judgments and orders dated 31.01.2018 passed by the Presiding Officer, School Tribunal, Latur, in Appeal Nos. 48 and 49 of 2013 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, whereby, the order of termination of contesting respondents is quashed and set-aside.

3. It appears that, by the order dated 26.11.2019 passed in Writ Petition No. 4815 of 2019, having noticed the shortcomings in the enquries conducted by the petitioner - Management, both the parties were asked as to if they were ready to conduct/face the enquiries if they were so directed to be held de novo by complying with Rules 36 and 37 of the MEPS Rules.

4. Though, the order was passed in Writ Petition No. 4815 of 2019, the learned Senior Adv. Dhorde for the petitioners and learned Adv. Prabhakaran and learned Adv. Golewar for the contesting respondents, on instructions, submit that the Management may now be allowed to conduct the enquries de novo strictly in accordance with observations of the Supreme Court in Vidya Vikas Mandal Versus Education Officer, reported in, 2007(2) CPSC 136.

5. In view of such a request, the Writ Petitions are allowed. The impugned Judgments and Orders are quashed and set aside. However, the petitioners shall conduct the inquiries de novo in accordance with the decision in Vidya Vikas Mandal Versus Education Officer (supra) and complete the exercise within a period of six months.

( MANGESH S. PATIL ) JUDGE rrd