Bombay High Court
BOMBAY SUBURBAN ART AND CRAFT EDUCATION SOCIETY BANDRA AND ANR.versusUNIVERSITY OF MUMBAI AND 4 ORS.
- Decided
- Disposal
- DISPOSED OFF
Holding
The High Court allowed the writ petition and directed the University to cancel the impugned Academic Council resolution.
Summary
The Bombay Suburban Art and Craft Education Society filed a writ petition challenging a resolution of the University of Mumbai's Academic Council dated 11 April 2016, which related to the termination of Mr. Kamlesh Patel and the emoluments of a complainant (Respondent No. 6). The petition became moot after the University Women Development Cell acted on its recommendations, resulting in Mr. Patel's termination on 23 July 2012 and the complainant’s resignation on 12 August 2016, with her past dues settled amicably. The complainant submitted an additional affidavit stating she had no objection to the cancellation of the Academic Council resolution. The Court observed that there was no longer any live controversy and, respecting the complainant’s wishes, directed the University to cancel the impugned resolution. Accordingly, the writ petition was allowed and disposed of, with the order that the resolution be set aside.
Issues considered
- What is the appropriate judicial remedy when a writ petition becomes moot due to the parties’ settlement of the underlying dispute?
- Whether the Academic Council's resolution dated 11 April 2016 can be cancelled by the High Court in the absence of any ongoing grievance.
Subjects
- Writ petition
- Academic Council resolution
- Termination of service
- Mootness
- University of Mumbai
- Administrative law
- Cancellation of resolution
Judgment
905-wp-2511-2016.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.2511 OF 2016
Digitally
Bombay Suburban Art and Craft Education ...Petitioners
signed by
JITENDRA
JITENDRA SHANKAR Society and Anr.
SHANKAR NIJASURE
NIJASURE Date:
2026.08.28
10:41:27
+0530 Versus
University of Mumbai and Ors. ...Respondents
----------
Mr. Hrushi Narvekar with Ms. Madhu Hiraskar i/b.Ms. Shruti Tulpule
for the Petitioners.
Mr. Rui Rodrigues with Mr. Mohd Monis for Respondent Nos.1 to 3.
Mrs. Nazia Sheikh, AGP for Respondent Nos.4 and 5 – State of
Maharashtra.
Ms. Pranita P. Hingmire, for Respondent No.6.
----------
CORAM : R.I. CHAGLA AND
FIRDOSH P. POONIWALLA, JJ.
DATE : 27TH AUGUST 2026.
ORDER
1. The learned Counsel appearing for the Petitioners has
brought to the notice of this Court that nothing really survives in the
present Writ Petition in view of the recommendations of the
Respondent No. 3 – University Women Development Cell (UWDC)
made on 27th June 2012 having been acted upon. The services of Mr.
Kamlesh Patel has been terminated on 23rd July 2012.
Further, the Respondent No. 6 – Complainant has herself filed an
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905-wp-2511-2016.doc
Additional Affidavit, wherein it is stated that Respondent No. 6 does
not want to pursue the matter anymore in view of the services of Mr.
Kamlesh Patel having been terminated and the only issue which
remained was her past emoluments and benefits, which has now
been amicably resolved with the Petitioner and she has tendered her
resignation on 12th August 2016.
2. Accordingly, it is stated in the Additional Affidavit that
she has no objection of whatsoever nature if this Court sets aside
and/or cancels the Resolution of Academic Council dated 11th April
2016 which had been accepted by the Respondent No. 1 – University.
3. In that view of the matter, we allow the Writ Petition by
directing Respondent No. 1, through its Academic Council, to cancel
the impugned Resolution dated 11th April 2016 communicated to the
Petitioners by letter dated 3rd May 2016 issued by the Registrar of
Respondent No. 1 (Exhibit B to the Petition).
4. The Writ Petition is disposed of in the above terms. Rule
is discharged.
[ FIRDOSH P. POONIWALLA, J. ] [ R.I. CHAGLA J. ]
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