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Bombay High Court

Shri Sant Goroba Shikshan Sanstha Pune ... vs Awad Ashwini Anjanrao And Anr on 20 November, 2025

Author: Milind N. Jadhav

Bench: Milind N. Jadhav

2025:BHC-AS:50018
                                                                            902. CIVIL WP-3582-22 & 8315-22.docx


       Amberkar

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                      CIVIL APPELLATE JURISDICTION


                                          WRIT PETITION NO. 3582 OF 2022

                  Sant Goroba Shikshan Sanstha, Pune & Ors.                             .. Petitioners
                            Versus
                  Awad Ashwini Anjanrao & Anr.                                          .. Respondents


                                                      WITH
                                          WRIT PETITION NO. 8315 OF 2022

                  Awad Ashwini Anjanrao                                                 .. Petitioner
                            Versus
                  Sant Goroba Shikshan Sanstha, Pune & Ors.                             .. Respondents

                                           ....................
                   Mr. Rajendra Haridas, Advocate for Petitioners - Sant Goroba
                    Shikhan Sanstha, Pune
                   Mr. Shirish Pitre i/by Mr. Amol Ghuge, Advocate for Private
                    Respondent - Awad Ashwini Anjanrao
                   S.P. Kamble, AGP for State
                                                            ...................
                                                           CORAM : MILIND N. JADHAV, J.
                                                           DATE          : NOVEMBER 20, 2025
                  P. C.:

                  1.       Heard      Mr.     Haridas,        learned        Advocate      for Petitioners          -

Educational Institution and Mr. Pitre, learned Advocate for private Respondent and learned AGP for State.

2. Without prejudice to the rights and contention of the parties, Mr. Haridas has paid demand draft of Rs. 2 Lakhs to the Respondent and persuaded the Court to allow the Petitioners - Education 1 of 3 ::: Uploaded on - 20/11/2025 ::: Downloaded on - 20/11/2025 21:09:00 :::

902. CIVIL WP-3582-22 & 8315-22.docx Institution to go back before the School Tribunal and get an adjudication on merits.

3. It is seen that from the impugned order that Petitioners were not heard neither they filed any reply. Hence without expressing any opinion on merits but since Petitioners have shown their bonafides by giving the amount of Rs. Two Lakhs by demand draft to the Respondent for the lost time till date, Respondent's say was called. Mr. Pitre accepts the amount of Rs. Two Lakhs dehors her claim in the pending proceedings before the Trial Court. Mr. Haridas accepts the same. In view of this, impugned order dated 17.02.2020 stands quashed and set aside without giving any imprimatur on merits of the matter.

4. Petitioners are permitted and they file their affidavit in reply / response along with all documents filed by Respondent in the pending Appeal proceedings before the School Tribunal within a period of two weeks from today and serve copy of the same on the Respondent. School Tribunal is requested by this Court to determine, decide and adjudicate the Appeal thereafter as expeditiously as possible and in any event within a period of six weeks thereof after hearing both the parties. All contentions of parties are expressly kept open 2 of 3 ::: Uploaded on - 20/11/2025 ::: Downloaded on - 20/11/2025 21:09:00 :::

902. CIVIL WP-3582-22 & 8315-22.docx

5. Mr. Haridas states that by virtue of the ad-interim order passed in the present Appeal, 50% of backwages amount was deposited in this Court to show bonafides of Petitioners. That amount along with all accrued interest is directed to be returned back to the Petitioners forthwith. Registry shall act on a server copy of this order and break the fixed deposit(s) if so required to return back the amount to Petitioners on an Application made by Advocate for Petitioners enclosing server copy of this order within a period of two weeks form today positively without any further delay.

6. Both parties are directed to appear before the Tribunal on 24.11.2025 at 12.00 noon. Tribunal shall take cognizance of a server copy of this order and may fix the schedule as per its conveyance.

7. Needless to state that School Tribunal shall not be influenced by any of the observations and findings given in the impugned order which is set aside and shall decide the matter afresh strictly on its own merits after hearing both the parties.

8. Without giving any imprimatur on merits of the matter, Writ Petition No. 3852 of 2022 is disposed. In view of this order. Writ Petition No. 8315 of 2022 filed by Respondent challenging the impugned order partly also stands disposed.

Amberkar             Digitally signed
                     by RAVINDRA
                                                       [ MILIND N. JADHAV, J. ]
           RAVINDRA MOHAN
           MOHAN    AMBERKAR
           AMBERKAR Date:
                     2025.11.20
                     15:10:17 +0530




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