Citation : 2026 Latest Caselaw 607 Bom
Judgement Date : 19 January, 2026
Digitally signed
by GAURI
GAURI AMIT
GAEKWAD
AMIT Date:
GAEKWAD 2026.01.21 11&12.WP-10598-2022.odt
11:25:40
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
(11) WRIT PETITION NO.10598 OF 2022
Dinesh Ashokrao Kulkarni ....Petitioner
Versus
The Vice Chancellor, Savitribai
Phule Pune University & Ors. ....Respondents
WITH
(12) WRIT PETITION NO.13159 OF 2022
Snehal Amit Mulay ....Petitioner
Versus
The Vice Chancellor, Savitribai
Phule Pune University & Ors. ....Respondents
WITH
WRIT PETITION NO.13541 OF 2022
Principal PVG College of Engineering
& Technology & G.K. Pate (Wani)
Institute of Management and Ors. ....Petitioners
Versus
The State of Maharashtra & Ors. ....Respondents
WITH
(502) WRIT PETITION NO.9879 OF 2022
Chairman/Secretary,
Pune Vidyarthi Griha & Anr. ....Petitioners
Versus
The State of Maharashtra & Ors. ....Respondents
----
Mr. Viraj Shelatkar a/w. Mr. Ganesh K. Gole i/b. Mr. Rahul Shelke
for the Petitioner in WP/10598/2022 and WP/13159/2022.
Mr. M.L. Patil for the Petitioners in WP/13541/2022 and
WP/9879/2022 and for Respondent No.3 in WP/10598/2022 and for
Respondent Nos.2 and 3 in WP/13159/2022.
Ms. Gayatri Kale a/w. Mr. Parth Talekar i/b. Mr. Rajendra Anbhule
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11&12.WP-10598-2022.odt
for Respondent No.1 in WP/10598/2022 and WP/13159/2022.
Mr. Aditya R. Deolekar, AGP for Respondent No.6 in
WP/10598/2022 and for Respondent No.5 in WP/13159/2022 and
WP/13541/2022.
----
CORAM : RAVINDRA V. GHUGE
&
ABHAY J. MANTRI, JJ.
DATE : 19th JANUARY, 2026
P.C. :-
WRIT PETITION NO.10598 OF 2022
1. The issue brought before this Court pertains to the
implementation of a decision of the Grievance Committee under
Section 79 of the Maharashtra Public Universities Act, 2016, in the
backdrop of the contention that the Management has not challenged
the said decision.
2. The above issue has fallen for consideration of this
Court in Writ Petition No.14685 of 2024 and a group of matters
(Babasaheb Dyanoba Garje v/s. Chaudhary Atar Singh Yadav
Memorial Education Trust and Ors.), wherein this Court, by
Judgment dated 15th July 2025, has concluded in paragraph nos.15
to 21, as under :
15. We are of the view that since the 'Penalties'
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and the 'Procedure to impose penalties', is an inbuilt mechanism in the Penalties Uniform Statute, the aggrieved parties can approach the Grievances Committee once again and set into motion the procedure for execution of the orders.
Clause 4(1) permits filing of a complaint or suo motu cognizance, since the disobedience of the order of the Grievances Committee is construed to be in violation of the conditions of affiliation. An appropriate mechanism can be followed by the University under clause (4) for execution of the orders. The grievance of the aggrieved party that the order of the Grievances Committee is not appropriately implemented, could also be looked into by a Competent Authority as is prescribed under the said Statute.
16. Clause 4(1) indicates a violation of the conditions mentioned in clause (2). Clause 2(9) deals with the neglect to implement or comply with the decisions of the Grievances Committee, appropriately and with promptitude. Hence, such further grievances of the aggrieved persons could also be taken up by the Authority as is prescribed under clause (4), by following a particular procedure to execute the orders.
17. Considering the Judgment delivered by this Court on 2nd November, 2018, in Writ Petition No.11906 of 2016 (Prakash Sambhaji Waghmare Vs. the State of Maharashtra and others), no affiliated Colleges or Institution can contend that it is not obliged to implement the orders of the Grievances Committee.
18. In view of the above, Writ Petition No.1246 of 2024 and Writ Petition No.13437 of 2023, which pertains to the assignment of the learned Single Judge, shall stand segregated and the Registry is directed to place these matters before the learned
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Single Judge.
19. Barring the above two Petitions, all other Writ Petitions before us, stand disposed off with the aforesaid observations and with the further direction to every University in the State of Maharashtra, covered under the Maharashtra Public Universities Act, 2016, to strictly abide by clause 2(9) read with clauses 3, 4 and 5 and initiate action against the Managements who have, either ignored the orders of the Grievances Committee, or have failed to challenge these orders and are not responding even to the representations of the Petitioners.
20. In the matters which are pending before the learned Single Judge, either without being circulated or pending for a long time without any adinterim orders, the beneficiaries of the Grievances Committee's orders are always at liberty to approach the learned Single Judge for seeking directions. In cases where the Management claims that the orders of the Grievances Committee have been complied with, the aggrieved party is at liberty to invoke the provisions of the Penalties Uniform Statutes, 2018, to seek appropriate orders under the provisions enunciated therein.
21. Needless to state, since the decisions of the Grievances Committees/Cells are expected by the Uniform Penalties Statute to be implemented promptly and appropriately, and in order to do justice to the parties and to ensure that the orders of the Grievance Committee are not rendered a mere paper arrangement, we direct that a reasonable period for implementation of the orders should be a period of 3 months from the date of the order or within such period as may be ordered by the Committee, save and except, in a
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case wherein an interim order is passed by the learned Single Judge in the Writ Petition filed by the aggrieved Management.
3. In view of the above, in the event the Management in
this Petition has not challenged the order of the Grievance
Committee, the University is permitted to proceed to initiate
appropriate action in the light of the directions set out in Babasaheb
Dyanoba Garje (supra). In the event the Management has challenged
the said order, that Petition would lie before the learned Single
Judge Bench in the light of Chapter XVII, Rule 18(41) of the
Bombay High Court Appellate Side Rules, 1960.
4. In view of the above, this Petition is disposed off.
WRIT PETITION NO. 13159 OF 2022
5. Insofar as this Petition preferred by the Employee is
concerned, the prayer for execution of the order of the Grievance
Redressal Committee now cannot be entertained, as the
Management has already challenged the said order by preferring a
Writ Petition. Insofar as the grievance of the Petitioner to a part of
the said order is concerned, we have no reason to comment since it
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is for the Petitioner to adopt appropriate steps in accordance with
law.
6. In view of the above, this Petition is disposed off.
WRIT PETITION NO. 13541 OF 2022
7. The Management has already challenged the order of
the Grievance Redressal Committee by preferring this Petition,
which would lie before the learned Single Judge Bench in the light
of Chapter XVII, Rule 18(41) of the Bombay High Court Appellate
Side Rules, 1960, and the law laid down in Babasaheb Dyanoba
Garje (supra).
8. Liberty to circulate.
9. All contentions of the parties are kept open to be
considered by the learned Single Judge Bench.
WRIT PETITION NO.9879 OF 2022
10. This Petition was not on board. By consent of the
parties, taken on the production board.
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11. The learned Advocate for the Management submits that
he has filed this Petition, which would lie before the learned Single
Judge Bench.
12. Liberty to circulate.
13. All contentions of the parties are kept open to be
considered by the learned Single Judge Bench.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.) Gauri Gaekwad 7 of 7
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