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Bombay High CourtWP/8152/2025transfer to other court

G K Gujar Memorial Charitable Trust And ANR v. Shivaji University Kolhapur And ANR

2025-06-26Hon'Ble Shri Justice M. S. Karnik , Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8152 OF 2025 G K Gujar Memorial Charitable Trust And Anr.

...Petitioners

VERSUS

Shivaji University Kolhapur And Anr.

...Respondents

WITH INTERIM APPLICATION (ST.) NO.21589 OF 2025 (NOT ON BOARD) IN WRIT PETITION NO. 8152 OF 2025 Tabrej Fayyaj Mujawar ...Applicant

IN THE MATTER BETWEEN :

G K Gujar Memorial Charitable Trust And Anr.

...Petitioners

VERSUS

Shivaji University Kolhapur And Anr.

...Respondents

....

Mr. K. S. Bapat, Senior Advocate a/w Druti Datar, Advocate for the Petitioners.

Mr. Vikram N. Walwalkar for the Respondent No.1- University. Mr. Yashodeep Deshmukh (Through V.C.) for the Respondent Nos.2 & 3.

Mr. Avinash Ram Belge, for the Intervenor in I.A. (ST) No.21589 of 2025.

....

CORAM

:

M. S. KARNIK & N. R. BORKAR, JJ.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.06.27 19:14:09 +0530 DATE :

26th JUNE, 2025 SAJAKALI LIYAKAT JAMADAR

P.C.

:

1.

Interim Application is not on board. Taken on board. 2.

Heard the learned counsel for the parties.

3.

The Petitioner - Trust is running a college. By the impugned order dated 17.06.2025, the Deputy Registrar of the Respondent No.1 has informed that he has passed an order directing the Petitioner not to admit the students for the academic year 2025-2026. The reason is non-implementation of the order dated 02.06.2022 of the Grievance Redressal Committee in respect of Shri. Tabrej Mujawar, who is being represented by Mr. Belge, Learned counsel for Intervenor. The Writ Petition has been filed by the Petitioner - Trust challenging the decision of the Grievance Committee. 4.

Learned counsel Mr. Walawalkar appearing for the Respondent No.1- University fairly submits that there is a communication gap and the impugned order has been issued due to some miscommunication. Even otherwise we find that the impugned order is not sustainable.

5.

So far as the redressal of the grievance of the intervenor Mr. Tabrej Mujawar is concerned, the same shall obviously be taken to its logical conclusion in collateral proceedings.

6.

Arguable questions are raised. Hence, Rule.

7.

Mr. Walawalkar, learned counsel waives service of Rule on behalf of Respondent No.1-University, Mr. Deshmukh

learned counsel waives service of Rule on behalf of Respondent Nos.2 & 3 and Mr. Belge, learned counsel waives service of Rule on behalf of the proposed respondent. 8.

Affidavit-in-reply if any, be filed within a period of four weeks from today.

9.

Rejoinder, if any be filed within a period of two weeks thereafter.

10.

Till further orders, the impugned order dated 17.06.2025 passed by the Respondent No.1-University, which is at page- 82 of the Petition is stayed.

11.

However, we clarify that it is open for the Intervenor Mr. Tabrej Mujawar to seek appropriate remedies and this Petition shall have no bearing on the relief claimed by the intervenor in collateral proceedings.

12.

Interim Application for intervention is allowed. Necessary amendments shall be carried out by the Petitioners within a period of one week. Interim Application is disposed of.

13.

List the Petition for final hearing in the week commencing from 25th August, 2025.

(N. R. BORKAR, J.) (M. S. KARNIK, J.)