Sidharth Mahadev Suryawanshi v. The State Of Maharashtra Through The Secretary And Others

2023:BHC-AUG:26242-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 WRIT PETITION NO. 15254 OF 2023 SIDHARTH MAHADEV SURYAWANSHI

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS Mr.U.B.Gite h/f Mr.U.L.Momle, Advocate for the Petitioner. Mr.P.S.Patil, AGP for Respondent/State.

( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.) DATE : DECEMBER 13, 2023 PER COURT :

1.

The oral termination of the Petitioner is dated 01.09.2019, at the hands of a private school. Section 9(1)(a) of the MEPS Act, 1977 is a statutory remedy available to the Petitioner to approach the School Tribunal, which is specifically created for this purpose. Merely because the Petitioner did not assail the termination earlier and filed a representation in November 2022, would not vest jurisdiction in this Court.

2.

In view of the above, this Petition is disposed off with khs/Dec.2023/15254

- 2 - liberty to the Petitioner to approach the School Tribunal. The time spent by the Petitioner in this Court from 29.09.2023 till the passing of this order, would be considered u/s 14 of the Limitation Act. All contentions of the parties are kept open.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/Dec.2023/15254