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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 Tribunalin 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 thisbehalf 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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