Akshata Suhas Chavan v. The Secretary/ Chairman Maharashtra Education Society And ORS
JPP 1 9-15 WP1439.24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1439 OF 2024 Tejaswini Mayuresh Gaidhani ...
Petitioner versus The Secretary/Chairman, Maharashtra Education Society and Ors.
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Respondents WITH WRIT PETITION NO. 1440 OF 2024 Vasudha Kailas Waykole ...
Petitioner versus The Secretary/Chairman, Maharashtra Education Society and Ors.
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Respondents WITH WRIT PETITION NO. 1441 OF 2024 Aparna Vikas Bhor ...
Petitioner versus The Secretary/Chairman, Maharashtra Education Society and Ors.
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Respondents WITH WRIT PETITION NO. 1442 OF 2024 Romila Tushar Gaikwad ...
Petitioner versus The Secretary/Chairman, Maharashtra Education Society and Ors.
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Respondents WITH WRIT PETITION NO. 1443 OF 2024
JPP 2 9-15 WP1439.24.doc Vaishnavi Ratnakar Borawke ...
Petitioner versus The Secretary/Chairman, Maharashtra Education Society and Ors.
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Respondents WITH WRIT PETITION NO. 1444 OF 2024 Chaitali Girish Garge ...
Petitioner versus The Secretary/Chairman, Maharashtra Education Society and Ors.
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Respondents WITH WRIT PETITION NO. 1445 OF 2024 Akshata Suhas Chavan ...
Petitioner versus The Secretary/Chairman, Maharashtra Education Society and Ors.
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Respondents Mr. A.A. Garge i/b. Kashyap Bhalerao for the Petitioners in all Petitions.
Mr. Neel G. Helekar with Kanhaiya S. Yadav for the Respondent Nos. 1 and 3 Ms. A.A. Purav, AGP for the Respondent -State in WP 1439/24 and WP 1444/24 Mr. B.V. Samant, Addl. G.P. with Ms. A.A. Purav for the Respondent - State in WP 1440/24 Ms. Nisha Mehra, AGP for the Respondent -State in WP Nos. 1441/24 Mr. V.M. Mali, AGP for the Respondent - State in WP 1442/24 Mr. S.B. Kalel, AGP for the Respondent - State in WP 1443/24 Mr. K.S. Thorat, AGP for the Respondent -State in WP No. 1445/24
JPP 3 9-15 WP1439.24.doc CORAM :NITIN JAMDAR, AND M.M. SATHAYE, JJ.
DATE :
07 FEBRUARY 2024.
P.C. :- The learned Senior Advocate representing the Complainant- Smt. Meher Nandan Nirgundikar, whose complaint led to passing the impugned order, seeks impleadment as a party Respondent in these petitions.
2.
The learned Counsel for the Petitioners states that the complaint filed by Smt. Meher Nandan Nirgundikar is without any merit so also the impugned order is without jurisdiction and is a nullity.
3.
Be that as it may, the fact that the complaint filed by the Complainant is referred to in the impugned order cannot be disputed. Smt. Meher Nandan Nirgundikar is permitted to join as a party Respondent in these petitions. Amendment to be carried out within a period of one week from today.
4.
The learned Counsel for the Petitioners states that consequences of the impugned order would be termination of almost 18 employees. The Petitioners have relied upon the decisions of this Court, which are annexed to the petitions. Based on these decisions, the Petitioners contend that it is only in limited
JPP 4 9-15 WP1439.24.doc circumstances and only by certain authorities the approval once granted can be cancelled.
5.
Since the time is sought by the learned AGP and the learned Senior Advocate for the Original Complainant to file reply affidavit, the hearing of these petitions are required to be deferred. In the meanwhile, considering the consequences of the impugned order and not as a reflection of the merits, no coercive action be taken against the employees, Petitioners, on the basis of the impugned order till the next date of hearing. 6.
Stand over to 7 March 2024.
7.
A copy of these petitions be served on the added Respondent.
M.M. SATHAYE, J.
NITIN JAMDAR, J.
by JYOTI PRAKASH PAWAR Date: 2024.02.12 16:39:12 +0530 JYOTI PRAKASH PAWAR