Bombay High Court
Nilesh Anil Muley vs Union Of India And Ors on 10 December, 2021
Author: R. N. Laddha
Bench: R. D. Dhanuka, R. N. Laddha
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2021.12.10
CHITNIS 18:41:15 +0530
11-wp.7963.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7963 OF 2021
Nilesh Anil Muley ...Petitioner
Versus
Union of India and Ors. ...Respondents
Mr. Sanjeev Kumar Bapu Deore a/w Ms. Suchita J. Pawar, Mr. Rohit Patil,
Mr. Himanshu Gavit, for the Petitioner.
Mr. N. K. Rajpurohit, AGP for Respondent No.2 - State.
CORAM: R. D. DHANUKA AND
R. N. LADDHA, JJ.
DATE : 10th DECEMBER, 2021
P.C. :
1. This matter is placed today 'High on Board'.
2. Mr. Deore, learned counsel for the petitioner invited our attention to the order dated 29th October 2021 passed by the Division Bench of this Court in Writ Petition No.5816 of 2019 filed by Sunil S. Bagul v/s Union of India and Others along with companion petition and would submit that in this case also the respondent No.5 - Chairman/Head Master has not terminated the services of the petitioner till date on the ground of the N. S. Chitnis 1/3 11-wp.7963.2021.doc petitioner not having required TET qualification. He submits that the interim protection granted by this Court on 29th October 2021 in Writ Petition No.5816 of 2019 be granted in this matter also.
3. Mr. Rajpurohit, learned counsel for the respondent No.2 invited our attention to the order passed by the Hon'ble Supreme Court on 5th July 2021 in Special Leave to Appeal No.8300 of 2021 filed by Priti and Others v/s The State of Maharashtra and Others and would submit that the Hon'ble Supreme Court passed an order of status-quo in the meanwhile, directing that the matter be heard on 6th August 2021 i.e. the returnable date.
4. In view of the statement made by the learned counsel for the petitioner that the services of the petitioner are not terminated and considering the order dated 29th October 2021, we direct the respondents not to terminate the services of the petitioner, till the next date.
5. Affidavit-in-reply, if any, shall be filed by the respondents within three weeks from today with a copy to be served upon the petitioner's advocate simultaneously. Rejoinder, if any, shall be filed within N. S. Chitnis 2/3 11-wp.7963.2021.doc two weeks thereafter with a copy to be served upon the respondents' advocate simultaneously.
6. Place the matter on board on 24th January 2022.
7. Parties to act on the authenticated copy of this order.
[ R. N. LADDHA, J.] [R. D. DHANUKA, J.]
N. S. Chitnis 3/3