Shri Saibaba Gramin Vikas Sanstha, Gadchiroli Thr. President, Sourabh S/O Rameshchandra Munghate v. Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur Thr. Registrar, Nagpur And Others

1 42-CAW1334-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO.1334 OF 2023 A ND CIVIL APPLICATION (CAW) NO.1332 OF 2023 IN WRIT PETITION NO. 2599 OF 2020 (D) (SHRI SAIBABA GRAMIN VIKAS SANSTHA, GADCHIROLI...VS..RASHTRASANT TUKDOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.B.Kalwaghe, Advocate for Petitioner.

Shri Sahil Mate, Adv. h/f Shri N.S.Deshpande, Adv. for Resp. Nos.1 & 2. Shri Nikhil Valesha, Adv. h/f. Shri Anand Parchure, Adv. for Respondent No.3. Shri S.S.Ghate, Advocate for Respondent No.4. CORAM : A NIL S. KILOR , J.

DATED : JUNE 08 , 20 .

C IVIL APPLICATION NO.133 2 /2023 .

1.

For the reasons stated in the application, being uncontroverted, the application is allowed.

The petitioner is permitted to add "The Grievances Committee, Gondwana University, Gadchiroli", as respondent No.4. The amendment be carried out forthwith.

2.

The Civil Application is disposed of accordingly. No costs.

2 42-CAW1334-2023 CIVIL APPLN.NO.1334/2023.

3.

Heard.

4.

This Court on 14/03/2023 partly allowed Writ Petition No.2599 of 2020 and thereby Petition No.08 of 2006 was remanded back to the Grievance Committee constituted under the Rashtrasant Tukdoji Maharaj Nagpur University to decide the same afresh.

5.

However, subsequently, it was revealed that, after constitution of Gondwana University, the college viz. Saibaba Adhyapak Mahavidyalaya, Gadchiroli is now attached to Gondwana University. Accordingly, present application came to be filed for modification of the judgment dated 14/03/2023.

6.

Considering the fact that now Saibaba Adhyapak Mahavidyalaya, Gadchiroli is not attached to RTM Nagpur University, but it is attached to Gondwana University, it is necessary that the Grievances Committee constituted under the Gondwana University has to decide Petition No.08 of 2006 filed by the respondent No.3, as directed by this Court vide order dated 14/03/2023. 7.

Accordingly, the judgment of this Court, dated 14/03/2023, is modified as follows :

"i) The Writ Petition is partly allowed.

3 42-CAW1334-2023 ii) The impugned orders dated 29/10/2018 and 20/06/2019 are hereby quashed and set aside.

iii) The matter is remanded back to the Grievances Committee constituted under the Gondwana University, Gadchiroli to decide Petition No.08 of 2006 afresh.

iv) Considering that the grievance of the respondent No.3 is pending since 2006, the Grievance Committee, Gondwana University Gadchiroli is directed to decide the grievance at the earliest, and in any case, within three months from the date of receipt of copy of this judgment.

v) The Grievances Committee, RTM Nagpur University is directed to handover the entire record and proceedings of Petition No.08 of 2006 filed by respondent No.3, within two weeks from today, to the Gondwana University.

vi) The parties are directed to appear before the respondent No.4-Grievances Committee on 30/06/2023.

Rule accordingly. No order as to costs."

The Civil Application is disposed of accordingly.

In view of disposal of the writ petition, Civil Application No.1252 of 2023 does not survive, hence, it is disposed of.

PRIVATE SECRETARY JUDGE RRaut..