St. Francis Institute Of Technology (Engineering College) And ANR. v. The Registrar, University Of Mumbai And 2 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 444 OF 2013 WITH CHAMBER SUMMONS NO. 125 OF 2017 IN WRIT PETITION NO. 444 OF 2013 St. Francis Institute of Technology (Engineering College) & Anr.

...Petitioners

Versus

The Registrar, University of Mumbai & Ors.

...Respondents

---------- Mr. S.C. Naidu, a/w Mr. Aniketh Poojari, i/by M/s. C.R. Naidu & Co., for the Applicant in CHSW/125/17 & Petitioner in WP/444/13.

Mr. Rui Rodrigues, for Respondent No. 1.

Ms. Meena Doshi, for Respondent No. 2.

Mr. L.T. Satelkar, Asst.GP, for Respondent No. 3-State. Mr. Vinamra Kopariha, for the Petitioner in WP/1565/16. Mr. Mahendra Agavekar, i/by Mr. P.M. Palshikar, for Respondent No. 1 in WP/1565/16.

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CORAM :

B.R. GAVAI AND RIYAZ I. CHAGLA, JJ.

DATE : 20 June 2017 ORDER :

1.

For the reasons stated, the Chamber Summons is allowed in terms of prayer clause (a). The amendment to be carried out within a period of one week from today. 2.

If the Respondents desire to file any consequential Affidavit in Reply to meet the averments brought on record by way of amendment, the same shall be done within a period of one week thereafter.

3.

At present, taking into consideration, the administrative difficulties, we find that it will be appropriate to direct the Respondent-University to grant provisional approval to the post of Principal pending the hearing of present Petition without prejudice to the rights of the parties to be considered at the final hearing of the Petition.

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4.

By way of an ad-interim order, the Respondent No. 1-University is directed to grant provisional approval to the post of Principal pending the hearing and disposal of the present Petition.

[RIYAZ I. CHAGLA, J.] [B.R. GAVAI, J.] 3/3