Bombay High Court
Shaikh Badshah Usman And Another vs The State Of Maharashtra Through ... on 23 September, 2025
Author: Manish Pitale
Bench: Manish Pitale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10603 OF 2025
WITH
CIVIL APPLICATION NO. 10231 OF 2025
IN
WRIT PETITION NO. 10603 OF 2025
Qamrunnisa Begam Ikaramuddin Shaikh
VERSUS
The State of Maharashtra Through Principal Secretary And Others
...
WITH
WRIT PETITION NO. 10771 OF 2025
WITH
CIVIL APPLICATION NO. 10232 OF 2025
IN
WRIT PETITION NO. 10771 OF 2025
Pradnya Shankarrao Kale And Another
VERSUS
The State of Maharashtra Through Principal Secretary And Others
...
WITH
WRIT PETITION NO. 10790 OF 2025
Shaikh Badshah Usman And Another
VERSUS
The State of Maharashtra Through Principal Secretary And Others
...
WITH
WRIT PETITION NO. 10802 OF 2025
WITH
CIVIL APPLICATION NO. 10398 OF 2025
IN
WRIT PETITION NO. 10802 OF 2025
Ishwar Baburao Ghorude and Others
VERSUS
The State of Maharashtra Through Principal Secretary And Others
Jhs/ 1/21
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...
WITH
WRIT PETITION NO. 10834 OF 2025
Ishwar Baburao Ghorude and Others
VERSUS
The State of Maharashtra Through Principal Secretary And Others
...
• Mr. R. N. Dhorde, Senior Advocate i/by Mr. P. S. Dighe a.w Mr.
S. S. Dudhane, Adovcate for the petitioners in WP/10603/2025
• Mr. S. V. Deshmukh, Advocate for the Petitioners in WP Nos.
10771/2025, 10790/2025, 10802/2025, 10834/2025
• Mr. A.R. Kale, Addl.GP, Mr. V. M. Kagne, AGP for respondents -
State
• Mr. K. M. Suryawanshi, Advocate for Respondent No. 3 -
University
• Mr. H. P. Randhir, Advocate for Respondent - the Secretary of
the Management
• Ms. Mumtaz Shaikh a/w Mr. Salman Shaikh, Advocate for
Respondent No. 6 in WP/10802/2025
• Mr. N. S. Raole, Advocate h/f. Mr. Sushant Dixit, Advocate for
Respondent No. 9 in WP/10802/2025
• Mr. Siddiqui Mohd. Faizuddin, Joint Secretary - Respondent
No. 8 in WP/10802/2025
...
CORAM : MANISH PITALE AND
Y. G. KHOBRAGADE, JJ.
DATE : 23.09.2025
ORDER (Per - Manish Pitale, J.) :
1. These writ petitions have been filed by the employees of
Kohinoor Arts, Commerce & Science College, Khultabad, Dist.
Chhatrapati Sambhajinagar, presenting before this Court an alarming
state of affairs in respect of the functioning of the said college.
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2. Six teaching staff and two non-teaching staff have filed writ
petition Nos. 10771 of 2025, 10603 of 2025, 10790 of 2025 and
10834 of 2025, challenging the suspension orders issued against
them by the Kohinoor Shikshan Sanstha, i.e. the management of the
said college, signed by the respondent - Asma Mazar Khan, who is
the Secretary of the said Sanstha. Her husband - Mazar Khan is the
President of the said Sanstha.
3. Writ petition No. 10802 of 2025, is filed by 68 out of 75
employees of the said college praying for a direction to the
respondent - State Authority to appoint an Administrator on the said
college and to transfer its management from the present office
bearers. It is highlighted that several First Information Reports (FIR)
have been registered against the office bearers, as also respondent
No. 9 in the said petition. In all these petitions, the petitioners have
sought urgent interim orders.
4. On 04.09.2025, this Court issued notice in these petitions. On
16.09.2025 the petitions were got circulated due to incidents that
took place in the interregnum. It was brought to the notice of this
Court that the said respondents, President and Secretary of the said
Sanstha had locked the main gate of the college and its premises, as a
consequence of which, the teachers as well as the students were
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locked out and the functioning of the college itself was hampered. In
that light, this Court directed respondent - the Joint Director of
Higher Education as well as the Registrar of the University to take
necessary steps in the matter.
5. On 19.09.2025, the President and the Secretary of the Sanstha
appeared through their respective counsel and tendered reply
affidavits in writ petition No. 10802 of 2025. The affidavits were
taken on record and the petitions were directed to be listed today.
6. The learned AGP appearing in these petitions submitted a
report dated 18.09.2025, prepared by respondent - the Joint
Director of Higher Education. We have perused the report and it
shows that a committee of the Joint Director of Higher Education,
Pro-Vice Chancellor of the respondent - University and other officers
of the said department as well as the University physically visited the
said college on 15.09.2025 at 04:00 p.m.. The committee held
discussions with the respondent - Secretary and in-charge principal
i.e. the petitioner in writ petition No. 10603 of 2025, as also other
teaching and non-teaching staff in the light of the extremely difficult
situation that had arisen as a consequence of the premises being
locked. It was recorded that the respondent Secretary of the Sanstha
was given oral instructions to remove the lock and accordingly, the
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lock was removed. Thereupon, the committee instructed the
management of the college, the in-charge principal as well as
teaching and non-teaching staff to ensure that the college remained
open and that regular academic activities were undertaken so that
the students would not suffer any academic loss.
7. The report records that on 16.09.2025, a joint meeting was
held when the Vice-Chancellor, as also the Pro-Vice Chancellor of the
respondent University and the respondent - Joint Director of Higher
Education and other officers of the University were present. The
respondents - President and Secretary of the Sanstha remained
absent. The in-charge principal/vice-principal of the college was
present. After discussions, specific instructions were issued and
minutes of the meeting were recorded. The relevant portion of the
report, consisting of the aforesaid instructions, reads as follows :-
"During the meeting on 16-09-2025, the following instructions were
given to the In-charge Principal and Vice-Principal of the Kohinoor
Arts Commerce and Science College Khultabad as under.
1. The seals placed on the college entrance gate, other
classrooms, laboratories, and other offices should be opened.
While opening them, two representatives each from the
teaching and non-teaching staff of the college should be
present and their signatures should be taken. Also, the process
of opening the seals should be recorded, and a note should be
kept in the register.
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2. If there is any obstruction or oppose from any element while
opening the seals, to take help from the local police
authorities.
3. The In-charge Principal should carry out the process of sealing
and unsealing with their own signature when opening and
closing the college.
4. Instructions should be given to all teachers to conduct all
classes regularly according to the college timetable. Non-
teaching staff should be ordered to complete office work. A
proper record of all work should be maintained. Biometric
attendance of all employees. should be taken, and its record
should also be sent to the University and the office of the
Joint Director of Higher Education, Chhatrapati
Sambhajinagar Division. The In-charge Principal will be solely
responsible for ensuring that the academic atmosphere in the
college remains healthy. While fulfilling this responsibility,
they should not come under the influence of any political or
other individuals, and care should be taken to ensure that
there is no interference from them. Also, the media should not
be allowed to interfere in academic work, and care should be
taken that false news is not propagated. A meeting of all
teaching and non-teaching staff should be held to provide
instructions for streamlining the work. Also, only the Principal
and Vice-Principal will contact the University and the Joint
Director of Higher Education, Chhatrapati Sambhajinagar
Division. Instructions should be given that no one else should
make contact.
5. The college should send a letter to the University and the
Joint Director's office to get permission for the college's bank
account to be operated only with the signature of the In-
charge Principal. A single-signatory account should be
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opened, and action should be taken to streamline student fees
and other work through that account.
6. On 17-09-2025, a flag-hoisting ceremony for Marathwada
Liberation Day should be held at the college. All employees
should be told to be present at that time, and a report on it
should be submitted to the University and the Hon. Joint
Director's office."
8. The writ petitions were taken up for consideration in the light
of the aforementioned report, in order to consider as to the nature of
interim order required to be issued in the peculiar facts and
circumstances of the present case. The learned counsel for the
petitioners in these petitions vehemently submitted that even though
respondents - the State Authorities and the University have taken
steps in the peculiar situation created in the said college, all the
teaching and non-teaching staff, most of whom are petitioners before
this Court in writ petition No. 10802 of 2025, are scared and unless
they are provided appropriate security, it may not be possible to
implement the above quoted instructions given by the aforesaid
committee.
9. It was submitted that the respondents - President and
Secretary of the Sanstha are individuals of criminal nature, with a
number of FIRs registered against them. Respondent No. 9 in writ
petition No. 10802 of 2025, who is the erstwhile principal of the
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college, also has FIR registered against him. These individuals, upon
being released on bail, have made life difficult for all the employees
of the college, due to which the functioning of the college itself has
come to a standstill. Neither the teaching and non-teaching staff nor
the students feel secure in the presence of these individuals, who are
hell-bent on destroying the functioning of the college itself.
10. Mr. Dhorde, learned senior counsel appearing for the petitioner
in writ petition No. 10603 of 2025, submitted that the petitioner in
the said writ petition is the in-charge principal of the college. She was
appointed as in-charge principal/vice-principal of the college on
26.03.2025. This was in the backdrop of the approval granted to the
appointment of the said respondent principal being withdrawn by the
University on 15.03.2025, as he was not complying with orders
passed by this Court in the context of another employee, i.e.
Smt. Pradnya Kale.
11. The learned counsel for the petitioner invited attention of this
Court to the statements made in the writ petition, as also the
documents filed therewith to highlight the conduct of the respondent
President of the Sanstha. It was submitted that, despite the approval
of the principal having been withdrawn by the University, the
respondents President and Secretary of the Sanstha issued a letter to
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him on 06.08.2025, to take charge from the petitioner pursuant to
which he reached the college with about 15 persons to threaten and
pressurize the petitioner to hand over charge. In this backdrop, on
09.08.2025, the said petitioner was served with the impugned
suspension order. It was specifically submitted that the respondent
President of the Sanstha, while in jail, had called and threatened the
petitioner with dire consequences and upon being released on bail,
he along with his wife, i.e. the Secretary of the Sanstha had started
disturbing the functioning of the college.
12. Attention of this Court was invited to a statement of the
petitioner recorded in that context by the Police on 21.06.2025. The
contents of the same at Exhibit - 'M' to the petition were relied upon
to bring to the notice of this Court that the respondent President of
the Sanstha is a person with criminal antecedents and he along with
his wife, i.e. the Secretary of the Sanstha have left no stone unturned
to harass the teaching and non-teaching staff of the college in order
to completely bring to a halt the very functioning of the college. It
was submitted that the entire premises stood locked due to which the
staff and the students were locked out and the functioning of the
college was brought to a grinding halt. It was only when the
aforementioned committee intervened that the lock was opened.
Nonetheless, it was emphasized that the said petitioner as also the
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teaching and non-teaching staff of the said college would not be able
to implement the above quoted directions issued by the committee
until appropriate protection is provided to them. Attention of this
Court was also invited to the number of FIRs registered against the
respondents President and Secretary of the Sanstha.
13. Learned counsel appearing for the petitioners in the other
petitions vehemently submitted that the criminal nature of the said
respondents as also the aforesaid earlier principal of the college,
whose approval was withdrawn by the University, has resulted in
untold misery for the employees. It was submitted that six teaching
staff and two non-teaching staffs, who are petitioners in the said writ
petitions have rushed to this Court to invoke writ jurisdiction due to
the extraordinary circumstances created by the nefarious activities of
the said respondents. It was highlighted that the petitioner in writ
petition No. 10771 of 2025 has faced continuous harassment from
the said respondents. She was constrained to lodge an FIR against the
respondent President of the Sanstha for sexual harassment for
offences under Section 354A, 504 read with 34 of the Indian Penal
Code. Instead of conducting enquiry into the aforesaid acts of the
said respondent, an enquiry was instituted against the said petitioner
and her service was terminated on 04.11.2016, in a most mala fide
manner. The appeal filed by the said petitioner was allowed by the
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School Tribunal. This Court upheld the order of the School Tribunal,
by dismissing the writ petition by order dated 01.12.2023. The
Supreme Court dismissed the Special Leave Petition filed against the
said judgment and order on 30.07.2024, and a further Review
Application filed in the said proceedings was also dismissed on
07.08.2025.
14. Despite the aforesaid sequence of events, wherein favourable
orders were passed in the case of the said petitioner, the aforesaid
principal of the college in conspiracy with the respondents President
and Secretary of the Sanstha refused to allow the said petitioner to
join her duty. Due to defiance shown by the said principal, as stated
hereinabove, his approval to the post of the principal had to be
revoked by the University. The learned counsel for the petitioner
specifically invited attention of this Court to the details of as many as
eleven (11) FIRs registered against the respondent President of the
Sanstha in various police stations for offences concerning forgery,
fabrication, cheating, criminal breach of trust and criminal
intimidation etc.
15. In respect of writ petition No. 10802 of 2025, it was brought to
the notice of this Court that 68 out of 75 employees of the college
have approached this Court seeking a direction for appointment of an
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Administrator and for transfer of management of the college.
Reliance was placed on the provisions of the Maharashtra Public
University Act, 2016, to contend that in such extreme circumstances,
the State Authorities can appoint Administrator and take further
necessary steps to ensure continued academic activities in the
educational institution like the said college. It was submitted that the
orders of suspension are absolutely mala fide and they have been
issued within days of the respondent President of the Sanstha and the
said principal acting in conspiracy with him, being released on bail in
the context of the FIRs registered against them. It is submitted that
although there is indeed an alternative remedy under Sections 79 to
85 of the said Act, considering the extremely emergent
circumstances, the petitioners have been constrained to invoke writ
jurisdiction of this Court. It is submitted that this Court may consider
granting interim stay on the orders of suspension in the peculiar facts
and circumstances of the present case.
16. On the other hand, the learned counsel appearing for the
respondents President and Secretary of the Sanstha, relied upon the
contents of the reply affidavits tendered before this Court during the
hearing conducted on 19.09.2025. It was submitted that the whole
controversy has arisen because of a dispute between the respondent
President and his sister with regard to family properties. The said
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individual has been instigating such disputes and controversy. The
employees of the college are taking advantage of the same to make
wild allegations against the respondents President and Secretary of
the Sanstha. By relying upon the documents filed along with reply
affidavits, it was submitted that in some of the FIRs interim orders
have been passed by the competent Courts in favour of the said
respondents. As regards the allegations of cheating, criminal
intimidation, etc, it was submitted that the root cause is the dispute
between the respondent President of the Sanstha and his sister.
17. It was alleged that since the chamber of the Secretary of the
management was locked in the premises of the college and she was
threatened, that the action of putting lock on the premises had to be
undertaken. The said lock was removed, but this fact was not
highlighted when the writ petitions were filed. It was submitted that
the extraordinary reliefs being sought in these petitions cannot be
granted. Alternative remedies under the said Act must be invoked
and as a matter of settled law, interim order ought not to be granted
with regard to the suspension orders.
18. It was submitted that since the respondent Sanstha is a
minority institution, there is no question of transferring its
management. Even with regard to appointment of Administrator
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under the provisions of the said Act, it was submitted that such a
drastic step can be taken, provided there is any dispute within the
management. Since there is no such dispute, such a direction cannot
be granted. All the other allegations made against the said
respondents were vehemently denied.
19. We have considered the rival submissions, particularly in the
light of the report dated 18.09.2025, submitted by the Joint Director
of Higher Education. The contesting respondents have not been able
to deny the fact that suddenly the main gate and the entire premises
of the college was locked on 14.09.2025. The contesting respondents
have not been able to explain as to what was the reason for such a
drastic step, which resulted in entire teaching and non-teaching staff
as well as the students being locked out of the college and the
functioning of the college itself being brought to a grinding halt. The
allegation that the in-charge principal had locked the chamber of the
Secretary of management appears to be an excuse to take such a
drastic step. It is an admitted position that the respondent
management has its own office in the city, and therefore, it is a little
surprising that the trigger for taking such a drastic action was said to
be locking of the chamber of the Secretary of the management inside
the college.
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20. Be that as it may, we find that the details of the FIRs registered
against the respondent President of the Sanstha and others have not
been denied. As many as 11 FIRs have been registered for offences
ranging from forgery, fabrication, cheating, criminal intimidation and
other such offences. Although mere registration of FIRs does not
mean that the said respondents have been convicted of offences, but,
the details of such FIRs do indicate the seriousness of the allegations
leveled against them and the criminal nature of the said respondents.
It is surprising that such individuals are running an educational
institution and instead of ensuring the best possible academic
environment for the teachers and students, they are completely at
loggerheads with them. As a consequence, the functioning of the
college has been paralysed, which is detrimental for the future of the
students and it is also resulting in continued harassment of the
teaching and non-teaching staff.
21. As many as 68 out of 75 employees of the college have filed
the aforementioned writ petition against the respondents, seeking
appointment of an Administrator and for transferring the
management of the college. The specific statements made in the said
writ petition indicate the alarming situation in the college for which
prima facie the contesting respondents appear to be responsible. The
documents on record show as to the manner in which the President
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and the Secretary of the Sanstha along with the aforesaid erstwhile
principal took steps to defy orders passed in favour of the petitioner -
Smt. Pradnya Kale. The School Tribunal, this Court and the Supreme
Court held in her favour and yet the said principal did not allow her
to join duties at the behest of the President and the Secretary of the
Sanstha. The respondent University had to withdraw the approval of
the said principal for such activities and in that context, the petitioner
in writ petition No. 10603 of 2025 was appointed as in-charge
principal. The sequence of events shows that the respondent
President of the Sanstha, upon being released on bail, started
indulging in activities resulting in harassment of teaching and non-
teaching staff, particularly the in-charge principal who had to
approach the police for recording her statement. The aforesaid
statement is on record.
22. It is in this backdrop that the impugned suspension orders are
to be examined. The respondent Secretary of the Sanstha has issued
the said suspension orders after the aforesaid threatening and
harassment of the in-charge principal at the behest of respondent
President of the Sanstha. The said respondents along with the
erstwhile principal of the college, who appears to be working in
tandem with them, have ensured that the aforesaid six teaching and
two non-teaching staff are suspended. We find that a strong prima
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facie case is made out by the petitioners in writ petition Nos. 10771
of 2025, 10802 of 2025, 10790 of 2025 and 10834 of 2025, to claim
an interim order granting stay to the suspension orders.
23. We are aware that it is only in rare circumstances that the
Court can grant such an interim relief in the context of such
suspension orders. But, the Supreme Court in the case of Public
Services Tribunal Bar Association V/s. State of U.P.; (2003) 4 SCC
104 has laid down that in an extreme situation and when it is found
that the orders have been passed in a mala fide manner, the writ
Court exercising jurisdiction under Article 226 of the Constitution of
India can pass such an interim order.
24. We find that this is a case demonstrating extreme
circumstances created by the aforesaid mala fide acts of the
respondents President and Secretary of the Sanstha along with the
erstwhile principal, whose approval has been withdrawn by the
University. Prima facie, we find that the orders of suspension have
been issued in a most mala fide manner against the said petitioners
to make an example out of them, so that other teaching and non-
teaching staff of the college are subjugated and they do not raise
their voice. This is evident from the fact that 68 out of 75 employees
have approached this Court in writ petition No. 10802 of 2025,
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seeking appointment of an Administrator and transfer of
management of the college.
25. The availability of an alternative remedy under the provisions
of the said Act cannot be a ground to deny interim relief to the said
petitioners, in the light of the extraordinary circumstances created by
the aforesaid activities of the said respondents. The functioning of the
college has been paralysed and this is likely to have a detrimental
effect on the academic future of the students. The manner in which
the said respondents locked the main gate of the college, resulting in
the functioning of the college itself coming to a halt shows that these
are extraordinary circumstances in which this Court exercising writ
jurisdiction cannot sit as a mute spectator.
26. The aforesaid report of the committee submitted by the Joint
Director of Higher Education on 18.09.2025, confirms the allegations
made against the said respondents. They have not been able to deny
the registration of the said FIRs and mere passing of interim orders in
their favour in a few FIRs, cannot take away the strong prima facie
impression created before this Court that the said respondents are of
criminal nature and it is a travesty that they are running the
aforesaid academic institution. In such circumstances, the
respondents - State Authorities ought to take necessary steps to
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ensure continued academic activity in the college. In that light, the
aforementioned committee has issued appropriate directions quoted
hereinabove.
27. But, we find substance in the contention raised on behalf of the
petitioners that unless further directions are issued by this Court to
ensure the safety and security of the petitioners, as also the entire
teaching and non-teaching staff and students of the college, the
directions issued by the committee would be difficult to comply with.
28. Hence, we pass the following interim directions :-
(A) The above quoted directions issued by the committee, forming
part of the report submitted by respondent - the Joint Director
of Higher Education, are confirmed and all concerned are
directed to abide by the said directions.
(B) In the light of the apprehension expressed on behalf of the
petitioners, particularly the in-charge principal, it is directed
that the respondent - Joint Director of Higher Education shall
depute an officer of the said department to accompany the in-
charge principal of the college when the teaching and non-
teaching staff as well as students enter the college for
continuing the academic activities. The said officer shall
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remain deputed to the said college till the next date, so as to
assist the in-charge principal in ensuring proper and smooth
functioning of the college.
(C) The respondent - State Authorities shall ensure that the local
police station establishes a police picket in the premises of the
said college to ensure that no untoward incident takes place till
the next date of listing. Sufficient police personnel shall be
deployed so that the officer to be deputed by the department
of higher education and the teaching and non-teaching staff as
well as students of the college feel secure in the premises.
(D) The local police shall take necessary steps to accompany the in-
charge principal and the officer deputed from the aforesaid
department when they enter the premises of the college to
prepare a punchnama of the articles found in the premises of
the college. This direction is necessitated because of
apprehension expressed on behalf of the petitioners that there
is possibility of the contesting respondents having dumped
suspicious material in the premises of the college.
(E) Till the next date of listing, the respondents President and
Secretary of the Sanstha are restrained from entering the
premises of the college.
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(F) All the respondents - State Authorities shall ensure that the
above directions, as also the directions issued by the committee
quoted herein above and confirmed by this Court are
implemented and complied with, so that the functioning of the
college is restored to normalcy and the future of the students is
not jeopardized.
(G) The suspension orders impugned in writ petition Nos.
10603/2025, 10771/2025, 10790/2025, 10834/2025 are
stayed till the next date of listing.
29. The respondents are permitted to file detailed reply affidavits
in all the writ petitions within four weeks from today. The rejoinder
affidavits be filed within two weeks thereafter.
30. List all these petitions on 18.11.2025.
(Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.)
