Tukaram Mohanrao Kalyankar v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9559 OF 2017 Tukaram s/o Mohanrao Kalyankar Petitioner

Versus

The State of Maharashtra & another Respondents Mr. V.D. Salunke, advocate instructed by Mr. M.V. Ghatge, advocate for petitioner.

Mr. M.B. Bharaswadkar, AGP for respondent no. 1. Mr. U.S. Malte, advocate for respondent no. 2. CORAM : R.M.BORDE AND A.M.DHAVALE, JJ.

DATE : 26th July, 2017.

P.C. :

Learned counsel for respondents contends that there is alternate remedy available for the petitioner for redressal of grievance under the provisions of Maharashtra Public Universities Act. In view of availability of alternate remedy, the grievance raised by petitioner in the instant petition need not be considered on merits. Keeping the option to avail of alternate remedy available in law, open for the petitioner, writ petition stands disposed of. Considering the peculiar facts and circumstances of the case, the order impugned dated 24.07.2017 shall stand stayed for a period of eight weeks to enable the petitioner to approach the alternate forum.

{2} wp9559.17.odt It is clarified that we have not considered the claim of petitioner on merit and it would be open for the tribunal to consider the case of petitioner on its own merit and without being influenced by the interim protection granted by this Court. A.M.DHAVALE R.M.BORDE JUDGE JUDGE dyb