Urmila Bhimji Maru v. State Of Maharashtra Th. Secretary Dept. Of Education, Govt Of Maharashtra

66 WP-2558-2024 (OS).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

(66) WRIT PETITION NO. 2558 OF 2024 Urmila Bhimji Maru

...Petitioner

Versus

State of Maharashtra and Ors.

...Respondents

AND

(67) WRIT PETITION NO. 2578 OF 2024 HUSENBASHA RAHAMAN NADAF Date: 2024.06.15 15:55:59 +0530 HUSENBASHA RAHAMAN NADAF Manjusha Yogendra Patwardhan

...Petitioner

Versus

State of Maharashtra and Ors.

...Respondents

**** Mr. Ramesh Ramamurthy a/w. Mr. Sai Kumar Ramamurthy, for Petitioners in both petitions.

Mr. Huzefa Khokhawal a/w. Mr. Ishwar Nankani i/b. M/s. Nankani & Associates, for Respondent Nos. 3 and 4 in both petitions. Mr. Atul Vanarse, AGP for Respondent No.1 in WP/2558/2024. Mr. Rita Joshi, AGP for Respondent No.1 in WP/2578/2024. **** CORAM: NITIN JAMDAR & M.M. SATHAYE, JJ.

DATE : 13 JUNE 2024 P.C.:

.

The Petitioner in Writ Petition No. 2558 of 2024 has challenged chargesheet memorandum and order of suspension issued to her by the Respondent- Management. The Petitioner in Writ Petition No. 2578 of 2024 has challenged chargesheet Husen 1

66 WP-2558-2024 (OS).doc memorandums issued to her by the Respondent- Management. 2.

The learned counsel for the Respondent- Management relies on Section 79 of the Maharashtra Public Universities Act, 2016 to point out the Petitioners have remedy of approaching the Grievance Committee. Learned counsel for the Petitioners states that Grievance Committee may not have jurisdiction. Prima facie reading of Section 79 would indicate that the grievance committee is established to deal with "all types of grievances" except certain grievances against particular authorities. Therefore, there is nothing in the section to indicate that the grievance raised in this petition cannot be considered by the Grievance Committee. If the Grievance Committee is of the opinion that it has no jurisdiction then it will no doubt give reasons in that regard.

3.

Therefore at this stage, we are not inclined to entertain the petitions, leaving it open to the Petitioners to approach the Grievance Committee. To enable the Petitioners to approach the Grievance Committee, the Respondent- Management will give next date in the inquiry after period of four weeks from today. 4.

All contentions of both the parties are kept open. 5.

Writ Petitions are accordingly disposed of.

( M.M. SATHAYE, J.) ( NITIN JAMDAR, J.) Husen 2