Nilesh Gokul Borse v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION (SR. NO.55)WRIT PETITION NO.2648 OF 2025 Vaishali Vilas Modak ....Petitioner versus The Union of India & Ors.

....Respondents AND (SR. NO.56)WRIT PETITION NO.2649 OF 2025 Santosh Sundarrao Ghule ....Petitioner versus The Union of India & Ors.

....Respondents AND (SR. NO.57)WRIT PETITION NO.2650 OF 2025 Nilesh Gokul Borse ....Petitioner versus The Union of India & Ors.

....Respondents Mr. Rahul A. Shinde , Advocate for the Petitioners in all Writ Petitions.

Mr. S.B. Kalel, AGP for Respondent Nos.2 to 5 in WP/2648/2025. Mr. P.P. Kakade, Additional G.P. a/w Mr. S.B. Kalel, AGP for Respondent Nos.2 and 5 in WP/2649/2025.

Mr. P.P. Kakade, Additional G.P. a/w Ms. Nisha Mehra, AGP for Respondent Nos.2 and 5 in WP/2650/2025.

Ms. Priyanka Chavan, Advocate for Respondent No.1-UOI in WP/2648/2025, WP/2649/2025, WP/2650/2025.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 7th APRIL, 2025 P.C. :- 1.

Issue notice to the Respondents, returnable on 18th June, 2025. Mr. S.B. Kalel, the learned AGP waives service of notice on behalf of Respondent Nos.2 and 5 in Writ Petition No.2648 of 2025. Mr. P.P. Kakade, the learned Additional G.P. waives service of notice on behalf of Respondent Nos. 2 to 5 in Writ Petition Nos.2649 of 2025 and 2650 of 2025. Ms. Priyanka Chavan, the learned AGP waives service of notice on behalf of Respondent No.1 in Writ Petition Nos.2648 of 2025, 2649 of 2025 and 2650 of 2025. 2.

Let the Affidavit-in-Reply be filed on or before 11th June, 2025.

3.

The Petitioners are under a threat of termination. They are in continued employment with Respondent Nos.7 and 8. As such, considering the law laid down in St Ulai High School V/s. Devendraprasad Jagannath Singh, 2007 (1) Mh.L.J. 597, the services of the Petitioners would not be terminated only for the reason that they are yet to receive their approvals and the

Management would pay their regular monthly salaries until further orders.

4.

Considering that the Government Resolution (G.R.) stipulating acquisition of the TET qualification on or before 31st March, 2019 in Writ Petition No.4904 of 2020 and group of matters (Sagar Gopichand Bahire versus The State of Maharashtra and Others), the Petitioners pray for leave to delete prayer clause (b). As such, prayer clause (b) stands deleted from these proceedings. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)