The court held that the University's decision to refuse closure was legal and proper because the Management had not made an application for closure under Section 121(2) of the Maharashtra Public Universities Act, 2016, and had not provided the necessary details and documents to the University. The court also held that the employees were entitled to payment of their dues, including arrears of the 6th Pay Commission and dearness allowance, because the Management was legally obligated to pay the employees their dues, the employees had made representations to the Management regarding their dues, and the Management had not demonstrated that it was financially incapable of paying the employees' dues.

JUDGMENT

Nitin Jamdar, J. - Rule in all the Petitions, returnable forthwith. Taken up for final disposal by consent of parties.

2. This group of petitions pertain to Manoharbhai Patel Institute of Engineering and Technology, Gondia. This College is established and run by the Gondia Education Society, Gondia. a dispute has arisen between Management and its Employees. The Employees are demanding payment of their dues, and the Management intends to close down the College. The Rashtrasant Tukdoji Maharaj Nagpur University, The all India Council of Technical Education and the Department of Higher and Technical Education of the State of Maharashtra-the statutory authorities have not granted permission for closure. a petition is filed by the Management challenging the order of the University refusing to grant closure. Two petitions are filed by the Employees for a direction to the statutory authorities not to grant closure. Eight petitions are filed by the Employees for payment of their dues. Since all these petitions are interlinked, they were heard together and are being disposed of by this common judgment.

3. The Gondia Education Society is registered under the Societies Registration act, 1860 and is also a public trust registered under the Maharashtra Public Trusts act, 1950. Manoharbhai Patel Institute of Engineering and Technology was established in 1983-84 after obtaining permissions from the University, State Government and aICTE. The College is granted permission on the permanent no grant basis. The College has six branches of Engineering, i.e. undergraduate courses, Bachelor of Engineering Courses in Civil Engineering, Electronics and Communication Engineering, Computer Technology, Electronics Engineering, Information Technology and Mechanical Engineering. as per the norms prescribed by the statutory authorities, the College has one Principal, four Professors, twenty associate Professors, twenty-nine assistant Professors and seventy non-teaching staff members.

4. We have referred to Manoharbhai Patel Institute of Engineering and Technology, Gondia, as the 'College'. Gondia Education Society, Gondia as the 'Management'. The Rashtrasant Tukdoji Maharaj Nagpur University as the 'University'. The all India Council of Technical Education as the 'aICTE'. Department of Higher and Technical Education of the State of Maharashtra as the 'State'. The teaching staff and, in some cases, non-teaching staff are Petitioners and, in some cases, are Respondents. They are referred to as the 'Employees'.

5. We have heard Mr. S.P. Dharmadhikari, learned Senior advocate for the Management and the College, Mr. R.S. Parsodkar and Ms. Gauri Venkatraman, learned advocates for the Employees, Mr. N.P. Lambat, a learned advocate for the all India Institute for Technical Education, Mr. anup Gilda, a learned advocate for the University and Ms. K.S. Joshi, learned In-charge Government Pleader for the State Government.

6. The learned Counsel for the parties agree that the group of petitions concerning closure should be taken up first for consideration, and thereafter the group of petitions filed by the Employees in respect of their dues as the decision in the group concerning closure would have material bearing on the claim regarding dues.

7. There are three writ petitions in the first group relating to closure.

7.1 Writ Petition No.5134/2018 is filed by 95 staff members of the College for quashing and setting aside the action of the Management and College seeking closure of the College, direction to the statutory authorities not to accord any approval to the closure of the College, direction to the College to admit students in the First Year Engineering Course for the year 2018-19 and for an injunction not to terminate services of the teaching and non-teaching staff. This petition was filed on 9 august 2018, and notice was issued on 14 august 2018. By interim order, it was directed that services of the Employees shall not be dispensed with.

7.2 Writ Petition No.68