Bombay High Court
Janta Shikshan Prasarak Mandal ... vs Shrikant Yamanji Pulate And ... on 21 February, 2023
Bench: Avinash G. Gharote
04. WP 641 of 2023.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.641/2023
Janta Shikshan Prasarak Mandal Pusad through its President and another
...Versus...
Sheshrao Gangaram More and others
WITH
WRIT PETITION NO.642/2023
Janta Shikshan Prasarak Mandal Pusad through its President and another
...Versus...
Swapnil Ganeshrao Chaudhari and others
WITH
WRIT PETITION NO.648/2023
Janta Shikshan Prasarak Mandal Pusad through its President and another
...Versus...
Gajanan Gyanbarao Kale and others
WITH
WRIT PETITION NO.649/2023
Janta Shikshan Prasarak Mandal Pusad through its President and another
...Versus...
Virendra Vinayak Khakare and others
WITH
WRIT PETITION NO.650/2023
Janta Shikshan Prasarak Mandal Pusad through its President and another
...Versus...
Shrikant Yamanji Pulate and others
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Shri A.S. Deshpande, Advocate for petitioners
CORAM : AVINASH G. GHAROTE, J.
DATE : 21/02/2023
1. Heard Shri A.S. Deshpande, learned counsel for
the petitioners.
04. WP 641 of 2023.odt
2. The petitions challenge the judgment by the
learned School Tribunal directing reinstatement of the
respondent no.1. It is contended that though the
petitioner/Society was granted affiliation by All India Council
for Technical Education (AICTE) in the year 1984, Dr. N.P.
Hirani Institute of Polytechnic throughout was a permanent
non-grant institution and therefore, was dependent upon the
intake of the students for its survival. On 26/12/2017 on
account of paucity of students, the teaching staff had stopped
work. By an order dated 30/04/2018 the AICTE had put the
petitioner/Society in no-admission category (pg.71). On
08/03/2018, there was a Technical Board audit by the
respondent no.4, in pursuance to which, by an order dated
22/06/2018 the order of de-affiliation was passed by
respondent no.4 - Maharashtra State Board of Technical
Education (pg.72), as a result of which, on 22/04/2019 a
resolution was passed by the Management for closure of the
institution, in pursuance to which, on 07/05/2019 the services
of the respondent no.1 were terminated. In appeal under
Section 9 of the Maharashtra Employees of Private Schools
(Condition of Service) Regulation Act, 1977 (for short, "MEPS
Act" hereinafter) by the impugned judgment reinstatement has
been directed. It is contended that since the affiliation of the
institution stood withdrawn, the school, lost its recognition
within the meaning of Section 2 (21) r/w Section 2 (6) of the
MEPS Act, however, the said issue has been answered in the
04. WP 641 of 2023.odt
positive (pg.184), leading to passing of the impugned
judgment. It is contended that the said issue could not have
been answered in the positive, in light of the aforesaid position,
as consequent to the de-affiliation, the petitioner/Society lost
recognition.
3. Issue notice for final disposal to the respondents,
returnable on 06/03/2023.
4. Assistant Government Pleader Mrs. M.A. Barabde
waives service of notice for the respondent no.2.
5. Till the returnable date, there shall be an interim
stay to the impugned judgment.
6. The petitioners shall serve rest of respondents by
all modes of service permissible in law including Hamdast.
(AVINASH G. GHAROTE, J.)
Wadkar
Digitally signed bySHAILENDRA
SUKHADEORAO WADKAR
Signing Date:22.02.2023 16:13
