Posted On by &filed under Bombay High Court, High Court.


Bombay High Court
Navnath Raghunath Somwanshi vs 3] Joint Director Of Technical … on 20 December, 2010
Bench: A.A. Sayed
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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                APPELLATE SIDE, BENCH AT AURANGABAD.




                                                                                 
                                       WRIT PETITION NO.8106/2010 




                                                         
    Navnath Raghunath Somwanshi
    Age 36 years, Occ-Nil
    R/o Vaijapur,




                                                        
    Tq. Vaijapur, Dist.Aurangabad.                       .. PETITIONER


         VERSUS




                                           
    1]   Padmashree Dr. Vithalrao
         Vikhe Patil Foundation,
                          
         Vilad Ghat, Ahmednagar
         Through its Secretary,
         PDVVP Foundation.
                         
    2]   The Principal
         Padmashree Dr.Vithalrao Vikhe
         Patil Foundation s Polytechnic
         Vilad Ghat, Ahmednagar.
       

    3]   Joint Director of Technical Education,
         Regional Directorate,
    



         Nasik Region,
         Near Govt.Polytechnic Campus,
         Samangaon Road, Nasik Road,
         Nasik.                            .. RESPONDENTS





                            .....

WRIT PETITION NO.8107/2010

Shivaji Yashwant Avhad
Since deceased Per L.Rs.

1] Subhadra Shivaji Avhad
age 40 yrs, Occ-Nil
R/o MIDC Area,Ahmednagar

2] Amol Shivaji Avhad
age 17 yrs, Occ-Student
R/o as above.

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3] Vikas Shivaji Avhad
Age 16 yrs, Occ-Student
R/o As above,

4] Dipali Shivaji Avhad
Age 14 yrs, Occ-Student

R/o as above.

[petitioner no.2 to 4 are
under guardianship of petitioner
no.1 Subhadra Shivaji Avhad.] .. PETITIONERS

VERSUS

1] Padmashree Dr. Vithalrao

Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar

Through its Secretary,
PDVVP Foundation.

2] The Principal

Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,

Regional Directorate,
Nasik Region,

Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6426/2010

Bharat Dhondiba Gaiyake,
Age 37 years, Occ-Nil
R/o Near Govt.Milk Dairy,
MIDC,
Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar
Through its Secretary,

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PDVVP Foundation.

2] The Principal

Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,

Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6701/2010

Arun Laxman Ghodke

Age 51 yrs, Occ-Nil
R/o Plot No.79,
Rani Laxmi Chowk
Kedgaon,
Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,

Vilad Ghat, Ahmednagar
Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

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WRIT PETITION NO.6702/2010

Shivaji Bhagwat Harishchandre
Age 37 years, Occ-Nil
R/o Khadambe,

Tq. Rahuri
Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar
Through its Secretary,

PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,

Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

……

WRIT PETITION NO.6703/2010

Sachin Khanderao Kardile
Age 36 yrs, Occ-Nil
R/o Anjali Opp.Tar Colony
Savedi,
Ahmednagar .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar
Through its Secretary,
PDVVP Foundation.

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2] The Principal
Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,

Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6704/2010

Kashinath Sharigram Gavate
Age 37 years, Occ-Nil

R/o Prachi Mahadev, Post.Vambori
Tq. Rahuri,
Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao

Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar
Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6705/2010

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Dadasaheb Murlidhar Sathe
Age 46 years, Occ-Nil

R/o Narayandoho
Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar

Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3]

Joint Director of Technical Education,
Regional Directorate,
Nasik Region,

Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6706/2010

Laxman Vishnu Shinde
Age 38 years, Occ-Nil
R/o Vilad, Gawaliwada

Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar
Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe

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Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,

Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6707/2010

Babasaheb Raghunath Kolase
Age 32 years, Occ-Nil

Ahmednagar.

R/o Ghuha, Tq. Rahuri
.. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar
Through its Secretary,

PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,

Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6708/2010

Pradip Haribhau Dhambore
Age 34 years, Occ-Nil
R/o Sonai, Tq. Newasa

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Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,

Vilad Ghat, Ahmednagar
Through its Secretary,
PDVVP Foundation.

2] The Principal

Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,

Regional Directorate,
Nasik Region,

Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6709/2010

Dattatraya Eknath Pund
Age 38 years, Occ-Nil
R/o Nandgaon Shingave,
Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar

Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,

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Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6710/2010

Bhausaheb Damu Funde
Age 37 years, Occ-Nil

R/o Walunj, Tq. Pathari
Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,

Vilad Ghat, Ahmednagar
Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,

Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6711/2010

Nivruti Baburao Satpute
Age 52 years, Occ-Nil
R/o Patil Row Housing
Police Colony, Savedi
Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar

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Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic

Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,

Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6712/2010

Rangnath Kashinath Pagire
Age 47 years, Occ-Nil
R/o Vambori
Tq. Rahuri,

Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar

Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic

Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

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WRIT PETITION NO.6713/2010

Bhimraj Rangnath Pawar
Age 42 years, Occ-Nil

R/o 502, Saptashringi Niwas
Kedgaon,
Tq & Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar
Through its Secretary,

PDVVP Foundation.

2] The Principal

Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic

Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,

Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6714/2010

Babasaheb Shivaji Ware
Age 40 years, Occ-Nil
R/o Bharatnagar,Gandhinagar
Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar
Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic

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Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,

Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,

Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6715/2010

Jagdish Tukaram Mehetre

Age 38 years, Occ-Nil
R/o Plot No.27, Vijay Nagar
Bholegaon Phata,
Dist.Ahmednagar.

                       ig                          .. PETITIONER

         VERSUS
                     

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar
Through its Secretary,

PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,

Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6847/2010

Sadashiv Nagnath Nirmale
Age 44 years, Occ-Nil
R/o Behind Hanuman Vidyalaya
Savedi,
Ahmednagar. .. PETITIONER

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VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar

Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,

Nasik Region,
Near Govt.Polytechnic Campus,

Nasik.

Samangaon Road, Nasik Road,
.. RESPONDENTS

…..

WRIT PETITION NO.6848/2010

Pravin Trimbak Davkhar
Age 31 years, Occ-Nil

R/o Davalali Pravara
Tq. Rahuri,
Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar
Through its Secretary,

PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

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…..

WRIT PETITION NO.6849/2010

Vilas Bhimsing Jadhav
Age 44 years, Occ-Nil
R/o Post Akolner,
Tq. & Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,

Vilad Ghat, Ahmednagar
Through its Secretary,

2] The Principal

PDVVP Foundation.

Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,

Nasik Region,
Near Govt.Polytechnic Campus,

Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6850/2010

Bhausaheb Narayan Kadu
Age 36 years, Occ-Nil
R/o Sade,
Tq. Rahuri,
Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar
Through its Secretary,
PDVVP Foundation.

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2] The Principal
Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,

Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6851/2010

Mahadeo Parvati Jadhav

Age 46 years, Occ-Nil
R/o Jadavwadi Post Akolner,
Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,

Vilad Ghat, Ahmednagar
Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,

Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6852/2010

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Madhindra Ramji Rohokale
Age 46 years, Occ-Nil

R/o Vadgaongupta, Tq. &
Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar

Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3]

Joint Director of Technical Education,
Regional Directorate,
Nasik Region,

Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6853/2010

Machindra Haribhau Sathe

Age 36 years, Occ-Nil
R/o Narayandoho,
Tq.& Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar
Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,

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Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,

Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6854/2010

Laxman Bhausaheb Awari
Age 44 years, Occ-Nil
R/o Randhe
Tq. Parner,
Dist.Ahmednagar. .. PETITIONER

VERSUS

1]

Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar

Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,

Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6855/2010

Dattatraya Bhanudas Gavhane
Age 44 years, Occ-Nil
R/o Plot No.10, Vidya Colony,
Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,

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Vilad Ghat, Ahmednagar
Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,

Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6856/2010

Subhash Govind Bhosale
Age 37 years, Occ-Nil
R/o Pimpalgaon Malavi,
Tq & Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar
Through its Secretary,

PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

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WRIT PETITION NO.6857/2010

Vinayak Balkrishna Kadam
Age 39 years, Occ-Nil
R/o House No.7417, Validkar Galli

Maliwada,
Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar
Through its Secretary,
PDVVP Foundation.

2] The Principal

Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,

Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6858/2010

Nanasaheb Sakharam Wable
Age 45 years, Occ-Nil
R/o Near Water Pumping Station,
MIDC,

Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar
Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic

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Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,

Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,

Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6859/2010

Kishor Kahhuji Mhaske

Age 41 years, Occ-Nil
R/o Post : Nimbodi
Tq. Pathari,
Dist.Ahmednagar.

                       ig                          .. PETITIONER

         VERSUS
                     

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar
Through its Secretary,

PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,

Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6860/2010

Prataprao Sahebrao Shelke
Age 44 years, Occ-Nil
R/o 11-A, Uday Housing Society,

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Savedi,
Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao

Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar
Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6861/2010

Rajendra Murlidhar Bhonde

Age 37 years, Occ-Nil
R/o Post : Pimpalgaon Malavi,
Tq & Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar
Through its Secretary,

PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

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…..

WRIT PETITION NO.6862/2010

Vijay Rambhau Jadhav
Age 34 years, Occ-Nil
R/o Dhambori,

Tq. Rahuri,
Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,

Vilad Ghat, Ahmednagar
Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,

Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6863/2010

Balkrishna Pandurang Zavare
Age 41 years, Occ-Nil
R/o Dhavalpuri
Tq. Parner,
Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar

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Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic

Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,

Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6864/2010

Popat Ramchandra Kale

Age 35 years, Occ-Nil
R/o Post : Dehere
Ta. & Dist.Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao

Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar
Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe
Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3] Joint Director of Technical Education,
Regional Directorate,
Nasik Region,
Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

WRIT PETITION NO.6865/2010

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Sharad Chamakrao Tanpure
Age 44 years, Occ-Nil
R/o Plot no.41, Punammoti Nagar,

Behind Market Yard,
Ahmednagar. .. PETITIONER

VERSUS

1] Padmashree Dr. Vithalrao
Vikhe Patil Foundation,
Vilad Ghat, Ahmednagar

Through its Secretary,
PDVVP Foundation.

2] The Principal
Padmashree Dr.Vithalrao Vikhe

Patil Foundation s Polytechnic
Vilad Ghat, Ahmednagar.

3]

Joint Director of Technical Education,
Regional Directorate,
Nasik Region,

Near Govt.Polytechnic Campus,
Samangaon Road, Nasik Road,
Nasik. .. RESPONDENTS

…..

Shri Satyajit S. Bora,Adv.for Petitioners.
Shri V.D.Hon,Advocate for respondent no.1 & 2.
Shri D.V.Tele,AGP for Respondent no.3.

….

CORAM : A.A.SAYED,J.

                                        DATE :     20/12/2010.





    ORAL JUDGMENT :


    1]    Rule.        Rule    made   returnable     forthwith           and     heard

finally by consent of parties.

2] The above petitions impugn the orders of Presiding
Officer, School Tribunal, Solapur. By the said orders, the
applications filed by respondent-Institution to dismiss the

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appeals of the petitioners pending before it, came to be
allowed and the appeals were dismissed as infructuous in

view of the order passed by Government of Maharashtra dated
15/5/2007 of final closure of the respondent-institution

under Rule 25(A) of Maharashtra Employees of Private Schools
(Conditions of Service) Regulation Act, 1977 (hereinafter
referred to as MEPS Act for brevity).

3] The appeals before the School Tribunal had been filed
by the petitioners, who were employees of the respondent-
institution questioning the retrenchment notice dated

21/7/2005 issued to them as per Rule 26(1) of MEPS Act by
the
respondent-institution. During the
appeals, closure order dated 15/5/2007 of the respondent-

pendency of the

institution was passed by the Government of Maharashtra.

The respondent-institution thereupon moved applications in
the said appeals stating that in view of the closure order,
the appeals had become infructuous. As indicated above, the

said applications came to be allowed by the impugned orders

and the Appeals of the petitioners were dismissed. Hence,
the above Writ Petitions.

4] At the outset, it is noticed that the closure order

dated 15/5/07 was issued during the pendency of the appeal
which was filed in 2005. It is further noticed that the
impugned orders are passed, based on the closure order of

the Government of Maharashtra dated 15/5/07 on an
interlocutory application, holding that since the appeals
have become infructuous in view of the closure order, the
appeals stand dismissed.

5] In order to appreciate the controversy, it would be
apposite to extract Rule 25A of the MEPS Rules 1981 which
deals with termination of service on account of abolition of
post due to closure of school. The same reads as under :

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           25A]    Termination       of

Service on account of abolition of

posts –

[1] The services of permanent

employee may be terminated by the
Management on account of abolition
of posts due to closure of the
school after giving him advance

intimation of three months to the
effect that in the event of closure
of the school, his services shall
automatically stand terminated. In
the case of closure of school due

to de-recognition, such advance
intimation of three months shall be
given by the Management to the

permanent employees after receipt
of a show cause notice from the
Deputy Director.

Explanation : For the purpose of
this sub-rule, the expression
closure of the school shall
include –

[i] voluntary closure by the

Management of the entire school if
it is imparting instruction through
one medium or a part of the school
comprising one or more media of
instruction if it is imparting

instruction through more than one
medium; and

[ii] closure of the school due to
de-recognition by the Department.

[2] The names of the employees in
aided schools, whose services stand
terminated in accordance with sub-
rule (1) on account of de-
recognition and who are not
directly responsible for such de-
recognition, shall be taken on a
waiting list by the Education
Officer in the case of Primary and
Secondary Schools or by the Deputy
Director in the case of Higher

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Secondary Schools and Junior
College of Education, and same
shall be recommended by him to the

Managements of newly opened aided
schools or of the existing aided
schools which are allowed to open

additional divisions or classes for
consideration.

6] The Division Bench of this Court [Swatanter Kumar CJ

(as he then was) and A.M.Khanwilkar,J.] in the decision of
Laxmi Education Society and others V/s State of Maharashtra
and others reported in 2010 (2) Mh.L.J. 837 had the occasion

to elaborately consider the scheme of closure of schools as
contemplated under Rule 25-A of MEPS Act. Speaking on behalf

of the Division Bench, Justice A.M.Khanwilkar observed in
paragraphs 33,34 and 35 of the judgment as follows :

[33] The next question is
what are the consequences of closure of
the school qua permanent employees.

That question in our opinion, will have
to be addressed by the School Tribunal

in the first instance, keeping in mind
the provisions of Rule 25-A of the
Rules. We have already observed that
the closure of the school would be
governed only by the regime of Rule 25-

A of the Rules. We do not propose to
elaborate on this issue any further .
Lest it may affect the merits of the
pleas available to the Management as
well as the concerned permanent
employees. All questions in this

behalf will have to be addressed by the
Tribunal. Even the question as to
whether the Tribunal can direct
absorption of the affected permanent
employees in the school on the
assumption that they have been rendered
surplus due to voluntarily closure of
the School/Junior College by the
Management, will have to be considered
by the Tribunal in accordance with law.
We do not wish to detain ourselves on
those aspects.

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          [34] The   next    question   is   :

Whether the School Tribunal can examine

the question of bona fides of closure.

In this context, we will also consider
the correctness of the opinion recorded

by the learned Single Judge in the
impugned decision that the Tribunal has
misdirected itself in considering the
said question inspite of the
observations of the Division Bench in

the case of Bhagwant Kumar Sandhu, 2008
(1) All MR 270. In the first place,
jurisdiction of the School Tribunal
flows from section 9 of the Act, which
read thus :

9] Right of appeal to Tribunal

to employees of private schools –

[1] Notwithstanding anything
contained in any law or contract for

the time being in force, (any employee
in a private school –

[a] who is dismissed or removed
or whose services are otherwise

terminated or who is reduced in rank,
by the order passed by the Management

or

[b] who is superseded by the
Management while making an appointment

to any post by promotion, and who is
aggrieved, shall have right of appeal
and may appeal against any such order
or suppression to the Tribunal
constituted under section 8 ;

Provided that, no such appeal
shall lie to the Tribunal in any case
where the matter has already been
decided by a Court of competent
jurisdiction or is pending before such
Court, on the appointed date or where
the order of dismissal, removal,
otherwise termination of service or
reduction in rank was passed by the
Management at any time before the lst
July, 1976.

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[2] Such appeal shall be made by
the employee to the Tribunal, within
thirty days from the date of receipt by

him of the order of dismissal, removal,
otherwise termination of service or
reduction in rank as the case may be:

Provided that, where such order
was made before the appointed date,
such appeal may be made within sixty
days from the said date.

[3] Notwithstanding anything
contained in sub-section (2), the
Tribunal may entertain an appeal made
to it after the expiry of the said

period of thirty or sixty days, as the
case may be, if it is satisfied that

the appellant has sufficient cause for
not preferring the appeal within that
period.

[4] Every appeal shall be
accompanied by a fee of (five hundred)
rupees, which shall not be refunded and
shall be credited to the Consolidated
Fund of the State.

It is a remedy provided to the

employee of a private school, who is
dismissed or removed or whose services
are terminated or who is reduced by
rank by order passed by the Management.

All questions arising in respect of the
said grievance will have to be
considered by the tribunal. However,
at the same time, that does not mean
that the tribunal can undertake
parallel enquiry on matters which the

Education Department is expected to
examine upon receipt of intimation from
the management about its proposal to
close the school. Indeed, the Tribunal
can incidentally go into the question
of whether there is closure effected,
but it does not empower the tribunal to
render conclusive finding with regard
to the bonafides of closure. As we
have observed in earlier part of this
judgment, even the Appropriate
Authority of the Education Department

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cannot sit over the decision of the
Management to close down the School as
an Appellate Authority. The scope of

enquiry even before the Appropriate
Authority of the Education Department
is only to consider as to what suitable

directions are warranted in the fact
situation of the case, so as to
minimise the loss and hardship to be
caused to the stakeholders, in
particular, the students community and

the permanent employees of the school.
In our view, therefore, the School
Tribunal cannot render conclusive
finding with regard to the bona fides
of the decision of the Management to

close the school. Moreover, an enquiry
with regard to the bonafides of

voluntary closure will be an exercise
in futility as the right of the
Management to close the school can only
be regulated by imposing reasonable

restrictions in the interests of
general public. For, it would not be
open even to the Appropriate Authority
to outright reject the proposal of
voluntary closure of the school, as

that would impinge upon the rights
guaranteed under Article 19(1) (g) of

the Constitution.

[35] The next question is : Is it
open to the school tribunal to consider

the issue of closure resulting in
causing prejudice to the existing
students of the school or prospective
students and that of the society as a
whole. We are afraid it is not open to
the school tribunal to reopen the issue

of closure of the school, which would
attain finality with the directions to
be issue by the Appropriate Authority
of the Education Department. The
School Tribunal in any case would be
competent only to address the matters
in the context of privileges or
benefits available and accrued to the
permanent employees if any, on account
of the closure of the School. The
School Tribunal has no concern with any
other issue, since it has been

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constituted only to examine the limited
grievance brought before it under
Section 9 of the Act.

7] On perusal of the aforesaid paragraphs of the judgment,

it can be seen that what has been expounded by the Division
Bench is that notwithstanding that the closure of the
institute, the School Tribunal would address the matters in

the context of privileges or benefits available and accrued
to the permanent employees if any, on account of the closure
of the institution. It is further expounded that in so far

as the closure is concerned, the school tribunal would have
no concern and it would not address itself on this issue and

it would only have to examine the limited grievance brought
before it under Section 9 of the said Act.

8] Considering the aforesaid judgment, it cannot be said
that merely because the closure order has been issued

during the pendency of the appeals, nothing would survive
for consideration for the school tribunal in the appeals

pending before it. It is also noticed that the tribunal
would also, in accordance with law, have to address itself
on the issue of retrenchment for the period prior to the

closure order being passed since the appeals also challenge
the retrenchment notices which are subject matter of the
appeal, which were filed prior to the closure order dated
15/5/2007 and were pending at the time.

9] In the circumstances, I find that the School Tribunal
was not right in dismissing the appeals pending before it
that too on an interlocutory application filed on behalf of
the respondent-institution. The impugned orders are
therefore,unsustainable and required to be set aside and
accordingly set aside. Rule is accordingly made absolute in
terms of prayer clause B of the petitions.

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10] It would be open to the petitioners to file appropriate

applications for amendment to their appeals to bring on
record subsequent events and further make any consequential

prayers, if so adviced. If such applications are filed the
same shall be decided on its own merits and in accordance
with law after hearing the respondent-institution.

(A.A.SAYED,J.)

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