Bombay High Court
SMITA KHURSALE ALIAS SMITA ANANTRAO KULKARNIversusMAHATMA GANDHI MISSION AURANGABAD THROUGH ITS CHAIRMAN AND OTHERS
- Disposal
- DISPOSED OFF
Holding
A writ petition seeking a stay of termination cannot be entertained after a lapse of over eight years, as granting such relief would amount to an impermissible final relief.
Summary
The petitioner, Smita Khursale, challenged the termination of her services by Mahatma Gandhi Mission, Aurangabad, filing a writ petition against the order dated 31 January 2018. She also sought to overturn an earlier decision of the University and College Tribunal that refused an interim stay of the termination and later dismissed her appeal for want of prosecution. The High Court examined whether the petition could be entertained after more than eight and a half years had elapsed since the termination. The Court held that even if the appeal were restored, the petition could not be allowed because granting a stay would amount to a final relief, which is impermissible after such a lapse of time. Consequently, the writ petition was dismissed.
Issues considered
- Whether a writ petition seeking a stay of termination can be entertained after a lapse of over eight years since the termination.
- Whether granting a stay of termination at this stage would constitute a final relief prohibited by law.
Subjects
- termination of service
- writ petition
- limitation period
- final relief
- stay order
- university tribunal
Judgment
2026:BHC-AUG:36961
1 919-wp-9105-2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO. 9105 OF 2018
Smita Khursale Alias Smita Anantrao Kulkarni
VERSUS
Mahatma Gandhi Mission Aurangabad Through Its Chairman And
Others
...
Advocate for Respondent Nos.1 & 2 : Mr. V.S. Kadam
...
CORAM : ROHIT W. JOSHI, J.
DATE : AUGUST 18, 2026
P.C.:
1. Present petition takes exception to order dated 25.04.2018
passed by learned Presiding Officer, University and College Tribunal,
Aurangabad in Appeal No.BAMU-02/2018, whereby the application or
interim relief i.e. stay to the order of termination came to be refused by
learned College Tribunal. Since then, the appeal is dismissed for want
of prosecution vide order dated 14.12.2021.
2. Although the petition is filed in order to assail said order, in
the considered opinion of this Court, even if the appeal is restored,
present petition cannot be allowed since services of the
appellant/petitioner were terminated vide order dated 31.01.2018 and
a period of over 8 and ½ years has been lapsed since the date of
termination. In such a situation, allowing the petition and thereby
granting stay to the order of termination will amount to final relief
which is not permissible.
2 919-wp-9105-2018.odt
3. Writ Petition is therefore dismissed.
[ROHIT W. JOSHI J.]
Mujaheed//
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