Shrikant S/O Sudhakar Dandge v. Indira Bahu-Uddeshiya Shikshan Sanstha, Thr. President, Yogendra S/O Rajendra Gode And ORS.

20.WP.7261.2023.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAW) NO. 1065 OF 2025 IN WRIT PETITION NO. 7261 OF 2023 Dr. Shrikant S/o. Sudhakar Dandge Vs. Indira Bahu-Uddeshiya Shikshan Sanstha, Buldhana, thr. its President & Ors.

__________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Prakash D. Meghe, Advocate for the Petitioner. Mr. C.S. Kaptan, Senior Advocate with Mr. Rahul S. Kalangiwale, Advocate for Respondent Nos.1 & 2.

Ms. Shrushti Shahakar, Advocate h/f. Mr. Ritesh N. Badhe, Advocate for Respondent No.3.

Mr. S.M. Ghodeswar, Assistant Government Pleader for Respondent Nos.4 & 5.

CORAM : NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI, JJ. DATE : 7 th MAY, 2025.

P.C.

The petitioner, alleging to be an employee of the respondent, has approached this Court seeking No Objection Certificate from the respondent Nos.1 and 2 so as to avail the opportunity to apply in the Government as well as Non-Government Organization Institutions to explore career growth and professional development.

2.

The counsel appearing for the petitioner Mr. Meghe has invited our attention to the application moved by the petitioner to the respondents. It is claimed by Mr. Meghe that the prayer for issuance of such No Objection Certificate is pending consideration with the Management i.e. the respondent herein as is informed by the respondent No.2 - Principal vide communication dated April 2, 2025.

3.

While resisting the prayer, Mr. Kaptan, learned Senior Counsel appearing for the respondent Nos.1 and 2, would

20.WP.7261.2023.odt 2/2 strenuously urge that the disciplinary proceedings against the petitioner is under progress and as such they have their own reservations to grant such No Objection Certificate and as such the application be rejected.

4.

We have considered the rival claims.

5.

To what extent, the respondent Nos.1 and 2 can withhold the prayer of the petitioner for grant of No Objection Certificate is required to be appreciated.

6.

We see no legal impediment to infer that merely because the disciplinary proceedings are pending against the petitioner, that by itself would act as an embargo against the interest of the petitioner to apply for employment in some other institutions.

7.

That being so, we deem it appropriate to allow the present application.

8.

We direct the respondent Nos.1 and 2 to issue No Objection Certificate in favour of the petitioner for competing in the matter of securing employment in other institutions so as to have advancement in his career.

9.

Such No Objection Certificate shall contain a stipulation that same shall be without prejudice to the rights of the respondent Nos.1 and 2 in the preset proceedings.

10.

The application stands disposed of accordingly. WRIT PETITION NO. 7261 OF 2023 11.

Stand over to 30.07.2025.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 09/05/2025 11:03:56