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Bombay High Court

AKHILESH KUMAR PANDEYversusTHE STATE OF MAHARASHTRA HIGHER TECHNICAL EDUCATION DEPT. AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the Tribunal may be directed to decide the appeal and consider a stay, with an instruction for expeditious disposal within six weeks.

Summary

The petitioner, Akhilesh Kumar Pandey, filed an interim application challenging the earlier disposal of his writ petition on the ground that the State of Maharashtra and others had not directed the University and College Tribunal to hear his appeal. The High Court had previously held that the petitioner could approach the Tribunal under Sections 81 and 137 of the Maharashtra Public Universities Act, 2016. In the present application, the petitioner sought a direction for the Tribunal to decide Appeal No. 12 of 2025 and to consider a stay of the proceedings. The Court noted that the Tribunal has now been constituted and ordered the petitioner to appear before it on 21 September 2026, allowing him to request expeditious disposal and a stay, with the Tribunal to decide the matter within six weeks. All contentions in the pending proceedings were kept open, and the interim application was disposed of without costs.

Issues considered

  • Whether the High Court can direct the University and College Tribunal to decide the petitioner's appeal and entertain a stay application despite the earlier order indicating an alternate remedy.
  • Whether the petitioner's request for expeditious disposal of the Tribunal proceedings is appropriate.

Legislation cited

Subjects

  • interim application
  • writ petition
  • University and College Tribunal
  • stay of proceedings
  • Maharashtra Public Universities Act
  • alternative remedy

Judgment

                                                                   4-IA-12696-2025.DOC



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 12696 OF 2025
                                  IN
                    WRIT PETITION NO. 6221 OF 2025

Akhilesh Kumar Pandey                                            ...Petitioner
      Versus
The State Of Maharashtra & Ors.                                  ...Respondents
                                       _______
Mr. Inamdar a/w Hrishikesh Nabar h/f S. Kate for Petitioner.

Mr. P. P. Kakade AGP a/w Ms. Priyanka B. Chavan, AGP for Respondent-State.
Ms. Prajakta Shinde i/b Disha Vardhan for Respondent Nos. 2 to 4.
                                       _______

                             CORAM:          G. S. KULKARNI &
                                             DR. NEELA GOKHALE, JJ.

                             DATE:           09th SEPTEMBER 2026

P.C.

1.      We have heard learned counsel for the parties on the Interim Application.

2.      By an Order dated 13th June 2025, the Writ Petition was disposed of,

considering that the Petitioner has an alternate remedy to approach the University

and College Tribunal for the SNDT University / Mumbai University, as per the

provisions of Sections 81 and 137 of the Maharashtra Public Universities Act,

2016.

3.      The present Interim Application is filed again praying for the reliefs that the

Tribunal be directed to decide Appeal No. 12 of 2025 filed by the Petitioner, along

with the application for stay. We are informed that the Tribunal has now been

constituted. We accordingly direct the Applicant to appear before the Tribunal on



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                                                                                        4-IA-12696-2025.DOC



                       21st September 2026 at 11:00 a.m. The Applicant may make a request before the

                       learned Presiding Officer for expeditious disposal of the proceedings and the

                       application for stay. The learned Presiding Officer shall consider the said request

                       and make an endeavour to dispose of the proceedings and the application for stay

                       as expeditiously as possible and, in any event, within a period of six weeks from the

                       said date.

                       4.      All contentions of the parties in the pending proceedings are expressly kept

                       open.

                       5.      Disposed of. No costs.




                       (DR. NEELA GOKHALE, J)                                  (G. S. KULKARNI, J.)


          Digitally
          signed by
          AJIT
AJIT      RAMESH
RAMESH    PATHRIKAR
PATHRIKAR Date:
          2026.09.11
          10:42:04
          +0530




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