Bombay High Court
Mahatma Gandhi Mission Thr Its Chirman ... vs Deepali Chandrakant Pohare And Another on 27 January, 2026
2026:BHC-AUG:3572
Dilwale 1 84-WP-8465 -2020 connected.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
84 WRIT PETITION NO. 8465 OF 2020
Mahatma Gandhi Mission Thr Its Chairman Governing Council &
Another
VERSUS
Kirankumar Prakashrao Popale & Another
...
Advocate for the Petitioner : Mr. Vikram R Dhorde
Advocate for Respondent No.2 : Mr. Suraj R. Bagal h/f Mr. B. N.
Gadegaonkar
Advocate for Respondent No.1: Mr. S. R. Choukidar
...
WITH
WRIT PETITION NO. 479 OF 2022
WRIT PETITION NO. 478 OF 2022
WRIT PETITION NO. 476 OF 2022
WRIT PETITION NO. 477 OF 2022
WRIT PETITION NO. 481 OF 2022
WRIT PETITION NO. 480 OF 2022
WRIT PETITION NO. 475 OF 2022
....
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 27.01.2026
PER COURT :
1. Heard learned counsel for the respective parties.
2. In these writ petitions, the petitioners are assailing the order dated 04.12.2020 passed by learned Presiding Officer, University and College Dilwale 2 84-WP-8465 -2020 connected.odt Tribunal, Aurangabad.
3. The issue which arises for consideration in the present writ petitions is whether the appeals filed by the employees working with the petitioner, whose services came to be terminated, is maintainable before the University and College Tribunal under the provisions of the Maharashtra Public Universities Act, 2016.
4. This Court, while considering a similar issue, has taken note of the observations made by the Hon'ble Division Bench of this Court in Writ Petition No. 2292 of 2023. Though the said observations were made at the stage of interim relief, a plain reading of the relevant provisions of the Act makes it clear that there is no provision enabling such employees to prefer an appeal before the University and College Tribunal.
5. In that view of the matter, the appeals filed by the respondent- employees are not maintainable. Accordingly, the objection raised by the petitioner deserves to be upheld and the order under challenge is liable to be set aside.
6. In view thereof, the writ petition is allowed. The order dated 04.12.2020 passed by learned Presiding Officer, University and College Tribunal, Aurangabad is quashed and set aside.
7. However, it is made clear that if the respondent-employees desire to challenge their termination, they are at liberty to avail the remedy available to them in accordance with law.
Dilwale 3 84-WP-8465 -2020 connected.odt
8. The delay occasioned while prosecuting the appeals before the Tribunal as well as the present writ petition shall be taken into consideration by the competent Appellate Authority.
[ SIDDHESHWAR S. THOMBRE ] JUDGE