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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V. GHUGE, ASHWIN D. BHOBE
N.M.V. High School and College through its Principal – Appellant
Versus
Bharat Dagadu Kshirsagar – Respondent
JUDGMENT :
RAVINDRA V. GHUGE, J.
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. In the first Petition, the Management is the Petitioners before us. In the second Petition, the Employee is the Petitioner, having filed an independent Petition after suffering the same impugned order, as like the Management. Since the issue raised by both the Petitioners has it’s origin in the same order, we are deciding both the Petitions together.
3. For the sake of brevity, first Petitioners would be referred to as the Management and the second Petitioner would be referred to as the Employee.
4. In the first Petition, the Management has put forth prayer clauses (a) and (b), as under :
“(a) That this Hon’ble Court be pleased to issue a writ of certiorari under Article 226 of the Constitution of India or any other writ, order or direction of like or similar nature and be pleased to call for records and proceedings from the Respondent No.3 and after going through the same legality and propriety of the same, this Hon’ble Court may be pleased to quash and set aside the impugned order dated 7.5.2024 (at Exhibit “T”hereto);
(b) That this Hon’ble Court be pleased to dir
An unreasoned order lacks validity; the content of a resolution should be prioritized over its form in administrative decisions.
Administrative decisions must be reasoned; unreasoned orders indicate a lack of application of mind and cannot be sustained.
The court emphasized adherence to reservation policies in employment, ruling that the Management's illegal appointment of the Petitioner must be rectified by regularization.
The main legal point established is that routine affairs of an institution, including appointments and approvals, should be considered independently of disputes in management.
The main legal point established in the judgment is that the appointment of the petitioner was from the open category and not against any reserved category, leading to the grant of permanent approval....
Cancellation of teacher approvals invalid due to vague show-cause notices, sham mass hearings, delay, and condonable management irregularities without fraud; protects long-serving employees, restores....
The responsibility for substantial lapses in the selection procedure employed by an educational institution lies with the Management, and the Court can direct the Management to reinstate an employee ....
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