Anil S/O Nathuji Dongre v. Rashtrasant Tukdoji Maharaj University, Thr. Pro-Vice Chancellor, Nagpur And Others

2025:BHC-NAG:2168-DB

07. WP 1843 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1843/2022 Shri Anil s/o Nattuji Dongre ...Versus...

Rashtrasant Tukdoji Maharaj University, through Pro-Vice Chancellor, Amravati and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. O.R. Deshpande, Advocate for petitioner Ms Palakh Agrawal Advocate h/f Mr. Atul Pande, Advocate for respondent No.1 Mr. N.B. Kalwaghe, Advocate for respondent Nos.2 and 3 CORAM : AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATE : 03/03/2025 1.

At the request of the Court, Mr. D.V. Chauhan, learned Senior Counsel/Government Pleader has addressed us on the issue and brought to our notice Direction No.21 of 2021 and the Uniform Statute No.1 of 2019.

2.

The petition seeks a direction to the respondent Nos.2 and 3 to comply with the order dated 04/10/2021 in Grievance Petition No.6/2019 passed by the Grievance Committee, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur, which directs payment to be made to the petitioner. 3.

At the outset, we make it clear that the High Court, exercising power under Article 226 of the Constitution, is not an Executing Court for the orders of the Grievance Committee. We, therefore, reject the petition vis-a-vis prayer Clause -(ii).

4.

We also find that the order of the Grievance Committee dated 04/10/2021, which grants various reliefs to

07. WP 1843 of 2022.odt the petitioner, also permits the petitioner, in the event of non-compliance, to take appropriate legal action. Direction No.21 of 2021 issued by the Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur vide Clause No.24 directs the opposite party to submit the action taken/compliance report to the Grievance Committee and in the event of non-compliance, grants a right to the aggrieved party to submit a complaint in this behalf to the Pro Vice Chancellor of the University for taking appropriate action as per provisions of Uniform Statute No.1 of 2019. Uniform Statue No.1 of 2019 vide Clause - 2, already delineates violation of conditions, which make the College or recognized Institution or the Management, as the case may be, liable for disciplinary action. Clause - 3 provides penalties.

5.

It is, therefore, apparent that an execution mechanism has been created on account of Uniform Statue No.1 of 2019. It would be therefore for the respondent No.1 to decide the complaint dated 12/02/2022 filed by the petitioner with it within a period of four weeks from today, as we have been informed that there is no stay granted by the learned Single Judge in Writ Petition No.2135/2022 filed by the respondent Nos.2 and 3 against the directions by the Grievance Committee.

6.

Writ petition is disposed of accordingly. No order as to costs.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) Wadkar