Bombay High Court

MODERN EDUCATION SOCIETYversusMANOHAR KACHARU SANAP AND ANR

Decided: 19 August 2026
Disposal: Disposed Off

Holding

The stay of the termination order is upheld, and any reinstatement of the respondent is to be conditioned upon the final decision of the University Tribunal.

Summary

The petition challenged a July 27, 2026 order by the Presiding Officer of the University Tribunal, Pune, which stayed a July 17, 2026 termination order of Respondent No.1’s services pending the Tribunal’s final decision. The petitioner argued that the respondent could re‑join his service but that any reinstatement should be contingent on the outcome of the appeal. The Court, after hearing counsel, clarified that the stay remains in force and that any reinstatement will be subject to the Tribunal’s final ruling. No substantive merits of the termination were addressed. Consequently, the writ petition was disposed with the clarification that reinstatement is conditional on the appeal’s result.

Issues considered

Whether the order staying the termination of Respondent No.1’s services is valid and should be upheld.
Whether the petitioner can be compelled to reinstate the respondent before the University Tribunal’s final decision.

Subjects

writ petition
service termination
university tribunal
stay order
reinstatement
appellate jurisdiction

Judgment

2026:BHC-AS:34426

                                                                         905 wp 10455 of 2026.doc

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION

                                  WRIT PETITION NO.10455 OF 2026

            Modern Education Society                             ...   Petitioner
                 versus
            Manohar Kacharu Sanap and Anr.                       …     Respondents

            Mr. Yuvraj Narvankar with Ms. Raufa Shaikh i/by Mr. Akshay R. Kulkarni, for
            Petitioner.
            Mr. Akshay Karlekar, for Respondent No.1.

                                CORAM:      N.J.JAMADAR, J.

                                DATE :      19 AUGUST 2026

            P.C.

            1.      Heard the learned Counsel for the parties.

            2.      The challenge in this Petition is to an order dated 27 July 2026,

            whereby the learned Presiding Officer, University Tribunal, Pune, has stayed

            the order dated 17 July 2026 of termination of the services of the Respondent

            No.1 – Appellant in Appeal No.16 of 2026 before the Tribunal, till the final

            decision of the appeal.

            3.      Learned Counsel for the Petitioner, on instructions, submits that,

            without prejudice to the rights and contentions of the Petitioner, the

            Respondent No.1 may join his service. However, the legal consequences of

            reinstatement shall be subject to the outcome of the Appeal.

            4.      In view of the aforesaid submissions, the Writ Petition stands disposed



            SSP                                                                     1/2
                                                                                905 wp 10455 of 2026.doc

                      with a clarification that the incident of reinstatement shall be subject to the

                      outcome of the appeal before the University Tribunal.




                                                                       ( N.J.JAMADAR, J. )




                      SSP                                                                2/2



Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 20/08/2026 18:48:53

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