Bombay High Court
AMAR BHARATRAO DESHMUKHversusTHE STATE OF MAHARASHTRA THR THE SECRETARY, HIGHER AND TECHNICAL EDU. AND EMPLOYMENT DEPT. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that it cannot issue a direction for implementation of the Grievances Committee orders while they are under challenge, and therefore disposed of the writ petitions.
Summary
The petitioners, Kiran Rambhau Suryawanshi and Dr. Amar Bharatrao Deshmukh, filed writ petitions seeking the execution of orders passed by the University Grievances Committee. The University Management subsequently challenged those orders before a learned Single Judge, invoking Chapter XVII, Rule 18(41) of the Bombay High Court Appellate Side Rules, 1960. The Court noted that while the orders are under judicial review, it lacks authority to direct their implementation. Consequently, the Court declined to issue any implementation direction and disposed of both writ petitions. All contentions of the petitioners remain open for determination by the Single Judge.
Issues considered
- Can the High Court issue a direction for implementation of University Grievances Committee orders that are under challenge before a Single Judge?
- Does Chapter XVII, Rule 18(41) of the Bombay High Court Appellate Side Rules, 1960, bar the Court from acting on the petitions while the orders are contested?
Legislation cited
- Bombay High Court Appellate Side Rules, 1960 — s. Chapter XVII, Rule 18(41)
Subjects
- writ petition
- execution of orders
- university grievance committee
- jurisdiction
- stay of implementation
- Bombay High Court Appellate Side Rules
Judgment
TRUPTI
SADANAND
BAMNE
Digitally signed by
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BAMNE
Date: 2026.01.14
17:43:59 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10457 OF 2025
Kiran Rambhau Suryawanshi … Petitioner
versus
The State of Maharashtra & Ors. … Respondents
WITH
WRIT PETITION NO. 1600 OF 2025
Dr. Amar Bharatrao Deshmukh … Petitioner
versus
The State of Maharashtra & Ors. … Respondents
...
Mr.Pranav Bhoite for the Petitioner in both the Petitions.
Ms.Priyanka Chavan, AGP for Respondent Nos. 1 and 2 in WP No.
10457 of 2025.
Ms.P.N.Diwan, AGP for the Respondent -State in WP No. 1600 of
2025.
Mrs.Anjali Helekar with Mr.Paras Jadhav for Respondent No.3-
AICTE in both the Petitions.
...
CORAM : RAVINDRA V. GHUGE &
ABHAY J. MANTRI, JJ.
DATE : JANUARY 13, 2026
P.C:
1. Both these Petitions have been filed seeking execution of
the orders passed by the Grievances Committee of the University.
After these Petitions were filed, the Management challenged the
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orders of the Grievances Committee, and considering Chapter XVII,
Rule 18(41) of the Bombay High Court Appellate Side Rules, 1960,
the said Petition has been circulated before the learned Single Judge.
2. Since the orders sought to be implemented by the
Petitioners in these Petitions have already been challenged before the
learned Single Judge, all the parties would be governed by the
decision of the learned Single Judge.
3. In these circumstances, we cannot issue a direction for
implementation of the orders of the Grievances Committee.
4. As such, these Writ Petitions are disposed off.
5. Needless to state, all contentions of the Petitioners are
kept open before the learned Single Judge.
(ABHAY J.MANTRI, J.) (RAVINDRA V. GHUGE, J.)
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