Mazahar Ahmad Farooqui vs The State Of Maharashtra And ...
2021 Latest Caselaw 11189 Bom

                                      1                             wp 8968.21

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                      WRIT PETITION NO. 8968 OF 2021

          Mazahar Ahmad Farooqui                       ..   Petitioner

                   Versus

          The State of Maharashtra and others          ..   Respondents

 Shri Avinash Aghav, Advocate h/f Mrs. Deepali D. Wagh,
 Advocate for the Petitioner.
 Shri P. K. Lakhotiya, A.G.P. for Respondent Nos. 1 to 3.

                           CORAM :    S. V. GANGAPURWALA AND
                                      R. N. LADDHA, JJ.
                               DATE : 17TH AUGUST, 2021.

 ORDER :

. Issue notice to respondents, returnable on 29th September, 2021.

2. Mr. Aghav, the learned counsel for the petitioner submits that, the petitioner is entitled to serve till the age of 62 years as a Principal of the college and the tenure appointment as Principal would come to an end on 31.08.2021. The learned counsel for the petitioner refers to the judgment of this Court at Nagpur and contends that the condition that the Post of the Principal is a tenure post is struck down. The learned counsel also refers to the orders passed by the Division Bench at the Principal Seat giving interim protection to similarly situated Principals.

2 wp 8968.21

3. Till the next date, the respondents shall not dispense with the services of the petitioner only on the ground that the petitioner has completed five years tenure, however, this order will not operate for the benefit of the petitioner, if for any other reasons the respondents want to discontinue the services of the petitioner.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]

bsb/Aug.21