N. V. DABHOLKAR, J.:- The two Writ Petitions are pertaining to a common subject, which can be described as "grievance relating to sexual harassment meted out to some lady teachers working in a private school" Writ Petition No.282 of 2004 is filed by two Petitioners, who claim to be office bearers of two different associations, namely, Bharatiya Vidyarthi Sena and Indian Bahujan Teachers Association. Writ Petition No.4170 of 2004, which was filed after about six months since Public Interest Litigation (PIL for short) is filed by three lady teachers of the said private school, which is run by management-Respondent No.9 in the first Writ Petition. As many as eleven Civil Applications were also filed by different parties in these two matters, which are clubbed together right from 16-8-2004, when the first major order was passed, common in both the Writ Petitions. We may quote operative part of the order dated 168-2004 for ready reference;

"We direct the Registrar of this Court to forward copies of both these petitions along with annexures including reply filed by the respondent no.9, with further direction that the respondent no.2 shall conduct an enquiry in the light of law declared by the Apex Court in Vishaka and others Vs. State of Rajasthan and others, reported in AIR 1997 SC 3011.

While conducting the enquiry, the Commission shall give notice to all the concerned and hear the parties. If any party desires to record the statement in camera, the same should be permitted. After conducting the enquiry, the Commission shall submit a report to this Court within a period of three months from the date of receipt of this order by the Commission. On receipt of the report, the copies of the report shall be submitted to this Court to enable this Court to pass necessary orders, if noted be. We further direct that the responsible Officer representing the Commission respondent No.2, shall remain present in this Court on the next date of hearing.

5. We further make it clear that the Commission (respondent no.2) shall not be influenced by the fact that both the petitions have been kept pending in this Court."

It appears from the record that the Maharashtra State Commission for Women (“MSCW" or "said Commission" for the sake of brevity, henceforth) prayed for time extension, by its communications dated 5-11-2004 and 9-2-2005. By order dated 22-11-2004, this court was pleased to extend time to submit the report, upto 20-12-2004. On 20-12-2004 and 2-32005, further time extensions were granted, by two months and seven weeks respectively. The said Commission has submitted its report vide forwarding letter dated 9-4-2005. This court took a note of the report submitted and ordered supply of copies of the same to all the parties, by order dated 26-4-2005.

2. In order to comprehend the scope of this peculiar litigation we find it necessary and desirable to refer to the various Civil Applications filed and orders passed therein.

Writ Petition No.282 of 2004 ("PIL" for short) was filed by representatives of the two associations, initially reciting nine respondents, namely, State of Maharashtra, MSCW, Charity Commissioner, Bombay, Joint Charity Commissioner, Aurangabad, Dr. Babasaheb Ambedkar Marathwada University, Director of Education, Pune, Deputy Director of Education, Aurangabad, Education Officer (Secondary) Z.P. Aurangabad and Jai Tulja Bhavani Shikshan Prasarak Mandai, Aurangabad, which is a management of the school, wherein the three lady teachers (petitioners in second Writ Petition) are/were serving. By the time the matters came up for final hearing, the list of Respondents is extended by four more and how they happened to be added, will be clear as and when we refer to the Civil Applications and orders passed therein.

In the second Writ Petition, eight parties were recited as Respondents, i.e. State, Secretary, Department of School Education, Deputy Director of Education, Aurangabad, Education Officer (Secondary), Z.P. Aurangabad, Shri. P. K. Nalaw

Click Here to Read the rest of this document