[Cites 4, Cited by 0]
Bombay High Court
The Local Executive Committee P.B. ... vs Pradip Bhujangrao Shinde And Others on 21 January, 2026
2026:BHC-AUG:2468
(1) WP-13366-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.13366 OF 2024
The Local Executive Committee,
P.B. Bagal College,
Through its Chairman,
Dr. Hemant Deshmukh,
Age years, Occ. Agri.
R/o. Dondaicha, Tq. Shindkheda,
Dist. Dhule. ..Petitioner
(Ori. Respondent No.2)
Versus
1. Pradip S/o. Bhujangrao Shinde,
Age 42 years, Occ. Service,
R/o Plot No.14, Vasudhanagar,
Dondaicha, Tq. Shindkheda,
Dist. Dhule. (Ori. Applicant)
2. Shri Shivaji Vidyaprasarak Sanstha
Through the Secretary,
Central Office, Tq. & Dist. Dhule.
3. P. B. Bagal College of Arts and Commerce,
Dondaicha, through Principal,
Dondicha, Tq. Sindhkheda,
Dist. Dhule.
4. Joint Director of Higher Education,
Jalgaon Division, Jalgaon,
Tq. & Dist. Jalgaon. ..Respondents
(Ori. Resp. No.1, 3 and 4)
...
Mr. S. S. Jangada and Mr. Ashish P. Deshmukh, Advocate for
Petitioner.
Mr. D. A. Mane, Advocate for Respondent No.1.
Respondent Nos.2, 3 and 4 are served.
...
CORAM : S. G. CHAPALGAONKAR, J.
RESERVED ON : 08th JANUARY, 2026.
PRONOUNCED ON : 21st JANUARY, 2026.
(2) WP-13366-2024.odt
JUDGMENT:
-
1. Rule. Rule made returnable forthwith. By consent of
parties, matter is taken up for final hearing at the admission stage.
2. The present Writ petition takes exception to order dated
23.08.2024 passed by University and College Tribunal,
Aurangabad in Miscellaneous Application (delay) No.KBCNMU-3
of 2024, whereby application seeking delay condonation filed by
respondent no.1 in Appeal filed before Tribunal has been allowed.
3. The respondent no.1 filed Appeal alongwith Miscellaneous
Application seeking condonation of delay before University and
College Tribunal. It is contention of respondent no.1 that in June
2010, petitioner published advertisement inviting applications for
vacant posts on establishment of P. B. Bagal College of Arts and
Commerce, Dondaicha. The respondent no.1 was appointed in
pursuance to said advertisement vide appointment order dated
12.07.2010 issued by petitioner. The proposal for approval to his
appointment was forwarded to University. However, due to
dispute between management, it could not be persuaded. The
respondent no.1 continued to discharge his duties without salary
awaiting approval to be granted to his appointment.
4. Meanwhile, petitioner had filed Writ Petition No.7631/2012
seeking direction for grant of approval. The petitioner also filed
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Writ Petition for redressal of his grievance. However, since then he
was harassed by petitioner. Since 22.07.2019, respondent no.1's
name came to be removed from muster roll. However, he was
allowed to discharge his duties, but he was pursuaded with illegal
demand for continuation of his service. Finally, since June 2021
another employee was shown to have been promoted on post held
by respondent no.1.
5. It is further contention of respondent no.1 that
petitioner/Chairman is active member of national level political
party and exerts his influence. He is also Chairperson of various
banking and non-banking institutions. He was Member of
Legislative Assembly and State Minister. The respondent no.1 was
under continuous threat, as his wife is also employed in Institution
supervised by Chairman of petitioner. As such, due to continuous
threat, petitioner could not dare to file Appeal against deemed
termination within limitation.
6. The petitioner opposed to condone delay contending that
there no sufficient cause is made out to condone inordinate delay.
7. The University and College Tribunal, Aurangabad after
considering rival submissions allowed Miscellaneous Application
vide order dated 23.08.2024 and condoned delay of about 23
months caused in preferring Appeal against "otherwise
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termination" of respondent no.1 from post of Office Superintendent
with respondent no.3-College.
8. Mr. S. S. Jangada, learned Advocate appearing for petitioner
vehemently submits that in absence of reasons explaining
inordinate delay, Tribunal could not have condoned same.
According to him, in light of law laid down by Supreme Court in
case of Union of India & Anr. Vs. Jahangir Byramji
Jeejeebhoy (D) Through His Lr. 1 and this Court in case of
Mathuradas Mohota College of Science, Manager Vs. R. T.
Borkar and Ors.2, inordinate unexplained delay cannot be
condoned.
9. Per contra, Mr. D. A. Mane, learned Advocate appearing for
respondent no.1 supports impugned order.
10. On perusal of reasons employed in application for
condonation of delay, it can be observed that respondent no.1 filed
Appeal on the basis of two cause of action. Firstly, 22.07.2019 since
when his name was removed from muster roll and secondly, June
2021 since when another employee was promoted on his post. As
such, there was otherwise termination of respondent no.1. It
appears that, there was delay of about 1617 days in filing Appeal in
terms of Section 59 of Maharashtra Universities Act before
1 2024 AIR SC 1884.
2 1997 (2) Mh.L.J. 168.
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Tribunal. The gist of reasons supplied seeking condonation of
delay is that Chairman of petitioner is politically influential
person. He was holding post of Law Minister under State of
Maharashtra. The wife of respondent no.1 is also employed in
Institution controlled by Chairman of petitioner. The respondent
no.1 was allowed to work till 2021, but later on he has been deemed
to be terminated.
11. The University and College Tribunal passed elaborate order
after considering reasons employed by respondent no.1 in his
application, so also affidavit-in-reply filed on behalf of petitioner.
The Tribunal observed that period from 15.03.2020 till 28.02.2022
shall be excluded for purpose of limitation in view of Covid
Pandemic situation and directions issued by Supreme Court in Suo
Motu Writ Petition (C) No.3/2020. So far as balance period of delay
of about 700 days, Tribunal took pragmatic view of matter and
accepted contention of respondent no.1 that petitioner is an
influential person and respondent no.1 succumbed to threat and
mental pressure exerted by petitioner. Pertinently, reference is
given to two FIRs registered with Dondaicha Police Station, which
depicts that Chairman of petitioner exerted pressure upon
employees and other persons from locality.
12. This Court do not find any reason to interfere in discretion
exercised by University and College Tribunal in condoning delay of
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about 23 months. Pertinently, before otherwise termination of
respondent no.1, he had rendered services of about 9 years. The
issue of grant of approval to his appointment was deferred due to
dispute between management.
13. In this background, this Court do not find any reason to
invoke jurisdiction under Article 227 of Constitution of India to
disturb order impugned passed by Tribunal giving adequate
reasons.
14. In result, Writ Petition stands dismissed.
15. Rule stands discharged.
(S. G. CHAPALGAONKAR)
JUDGE
Devendra/January-2026
