Mohammad Wiquar Mohammad Iftekhar And ORS. v. The Principal, Dr. Zakir Hussain Urdu High School And ORS.

p21-caw-855.2017.sxw hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 855 OF 2017 IN WRIT PETITION NO. 10058 OF 2015 Mohammad Wiquar Mohammad Iftekhar and Ors.

... Applicants

Versus

The Principal, Dr. Zakir Hussain Urdu High School and Ors.

... Respondents Mr. Shriram Kulkarni for the applicants.

Ms. Neeta Masurkar a/w Mr. Mohamedali Chunawala for R. No. 6. Mr. Amol Kumeria a/w Ms. Pooja Tated i/by M/s. ALMT Legal for R. No. 1 to 3.

Mr. C.P. Yadav, AGP for R. No. 5.

CORAM : SHANTANU KEMKAR & B.P. COLABAWALLA, JJ.

DATED : APRIL 05, 2017.

P.C.

Not on board. Taken on production board in view of the urgency.

2.

Heard on Civil Application.

3.

Learned counsel for the applicants submits that a certificate about employment is required from respondent no. 3 for securing admission for B. Ed Course Distance Education in Maulana Azad

p21-caw-855.2017.sxw National Urdu University, Hyderabad.

4.

Learned counsel for respondent no.3 submits that the applicants are not permanent employees and are working on contractual basis.

5.

Be that as it may, we dispose of this Civil Application by directing the respondent no.3 to issue Certificate of Employment as per entitlement of the applicants.

6.

Respondent no.3 is also directed to issue Certificate for undertaking practical activities as the same is also required to be submitted for the said purpose. However, it is made clear that issuance of such certificates will be without prejudice to the rights of respondent no. 3 and on the basis of the same, the applicants shall not be entitled to claim any equity and to claim any right in regard to their employment and all contentions to that effect are kept open to be raised by the parties.

7.

Civil Application stands disposed of.

(B.P. COLABAWALLA, J.) (SHANTANU KEMKAR, J.)