Shivaji Uttam Wagh v. The Maharashtra State Board Of Secondary And Higher Secondary Education And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 895 OF 2012 SHIVAJI UTTAM WAGH

VERSUS

THE MAHARASHTRA STATE BOARD OF SECONDARY AND HIGHER SECONDARY EDUCATION AND ORS ...

Advocate for the Petitioner : Shri Ajinkya Kale h/f Shri Talekar S.B.. Advocate for Respondents 1 and 2 : Shri A.V.Soman h/f Shri D.V.Soman. Advocate for Respondents 3 and 4 : Shri A.V.Hon. ...

CORAM: RAVINDRA V. GHUGE AND SUNIL K. KOTWAL, JJ.

DATE :- 31st October, 2017 Per Court :

We have heard the learned Advocate for the Petitioner for sometime.

The grievance is that the Petitioner, who was working as a Clerk, has paid late fees of Rs.1,71,390/- while submitting the forms of private students, hailing from Ahmednagar and Solapur, to the Maharashtra State Board of Secondary & Higher Secondary Education with regard to their Secondary School Certificate (SSC) examination. The Petitioner, therefore, seeks to recover the amount which he has paid from his pocket, from the Educational Institution in which he was working as a Clerk.

*2* 911wp895o12 We find that the issue involved is with regard to recovery of money from the Employer which is not the "State" within the meaning of Article 12 of the Constitution of India.

We are, therefore, disposing of this Writ Petition by granting liberty to the Petitioner to avail of a remedy as may be permissible in law for seeking recovery of the amount from the Employer Educational Institution.

The time spent by the Petitioner in this Court from 10.01.2002 till the passing of this order, would be a good ground for seeking condonation of delay.

kps (SUNIL K. KOTWAL, J.) (RAVINDRA V. GHUGE, J.)