Bombay High CourtWP/5605/2015dispossed offdismiss for default

Sachin Sureshrao Bandgar v. Pratibha Shikshan Prasarak Mandal, Thr. Secretary And 8 Others

2016-02-15Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice V.M. Deshpande2 pages

1502wp5605.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5605 OF 2015 (Sachin Sureshrao Bandgar vs. Pratibha Shikshan Prasarak Mandal, Jnoona, Tq. Barshitakli, District - Akola thr. its Secretary & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & V.M. DESHPANDE, JJ.

FEBRUARY 15, 2016.

Heard Shri S.D. Chande, learned counsel for the petitioners, Shri J.Y. Ghurde, learned AGP for respondent Nos. 3, 4 & 9, Shri J.B. Kasat, learned counsel for respondent No. 5, Shri V.P. Marpakwar, learned counsel for respondent No. 6 and Mrs. S.W. Deshpande, learned counsel for respondent No. 7, for sometime.

The services of the petitioner are admittedly terminated during the pendency of this writ petition as he is found surplus.

Shri Chande, learned counsel wants to demonstrate that in a previous petition, to which this petitioner was a party, a compromise was clandestinely reached and behind the back of the petitioner, the petition was compromised.

Because of that compromise, the petitioner has been terminated. The respective counsel appearing for the respondents dispute this. According to them, termination of the petitioner vide order dated 21.12.2015 is an independent exercise.

The management has pointed out that the

1502wp5605.15 remedy of approaching the College Tribunal under Maharashtra Universities Act, 1994, is available to the petitioner.

As we find that a specific statutory remedy is available to the petitioner wherein all these disputes can be looked into, we do not wish to intervene in extra ordinary jurisdiction. Hence, without observing anything on merits of the controversy and with liberty to the petitioner to take appropriate steps before that Tribunal, in accordance with law, we dispose of the present writ petition with no order as to costs. However, the College Tribunal shall attempt to decide the appeal on merits expeditiously. JUDGE JUDGE *GS.