2024:BHC-AS:17515 Iresh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1590 OF 2023

1. Vidyavardhini Thr. Secretary, Having its office at K. T. Marg, Vasai Road (West) Taluka – Vasai, Dist. - Palghar – 401202.

2. Vidyavardhini’s College of Engineering & Technology, through its Principal, K. T. Marg, Vasai Road (West), Taluka – Vasai, Dist. - Palghar 401 202 .....Petitioners Vs.

1. Aniket Akhade Residing at 005, Vijaya CHS Ltd.

Shastri Nagar, Vasai (West)

District – Palghar.

2. The University of Mumbai Through its Registrar, Fort Mumbai – 400 032. .....Petitioners WITH WRIT PETITION NO. 7318 OF 2023

1. Aniket Akhade Residing at 005, Vijaya CHS Ltd.

Shastri Nagar, Vasai (West)

District – Palghar.

Vs.

1. Vidyavardhini Thr. Secretary, Having its office at K. T. Marg, Vasai Road (West) Taluka – Vasai, Dist. - Palghar – 401202.

2. Vidyavardhini’s College of Engineering & Technology, through its Principal, K. T. Marg, Vasai Road (West), Taluka – Vasai, Dist. - Palghar 401 202. 3. University of Mumbai Through its Registrar, Fort, Mumbai …..Respondents WITH WRIT PETITION NO. 1936 OF 2023

1. Vidyavardhini Thr. Secretary, Having its office at K. T. Marg, Vasai Road (West) Taluka – Vasai, Dist. - Palghar – 401202.

2. Vidyavardhini’s College of Engineering & Technology, through its Principal, K. T. Marg, Vasai Road (West), Taluka – Vasai, Dist. - Palghar 401 202. ….Petitioners Vs.

1. Tarranum Khan residing at B.I.T. Building No. 18 Room No. 16, Ground Floor New Nagpada, Mumbai - 400 008.

2. The University of Mumbai Through its Registrar, Fort, Mumbai. ….Respondents WITH WRIT PETITION NO. 1937 OF 2023

1. Vidyavardhini Thr. Secretary, Having its office at K. T. Marg, Vasai Road (West) Taluka – Vasai, Dist. - Palghar – 401202.

2. Vidyavardhini’s College of Engineering & Technology, through its Principal, K. T. Marg, Vasai Road (West), Taluka – Vasai, Dist. - Palghar 401 202. ….Petitioners Vs.

1. Manisha Dhanokar residing at Flat No. 504, Bali Tower, Station Road, Kalwa (W) Dist. Thane – 400 605

2. The University of Mumbai Through its Registrar, Fort, Mumbai. - 400 032. ….Respondents Mr. A. A. Kumbhakoni, Senior Counsel with Mr. Susheel Mahadeshwar, Mr. Manoj Badgujar, Ms. Sneha Bhange i/b Ms. Ranjana Todankar for the petitioners Mr. Chetan Mali for the respondents CORAM : GAURI GODSE, J.

RESERVED ON: 17th JANUARY 2024. PRONOUNCED ON: 16th APRIL 2024.

JUDGMENT:

1. By Order dated 1^st March 2023, Petitions were directed to be heard finally at the admission stage.

2. Rule. Mr. Chetan Mali waives service for respondents. Rule made returnable forthwith. Taken up for final disposal.

3. All these four petitions arise out of the common Judgment and Order dated 12^th August 2022 passed by the Presiding Officer, Mumbai University and College Tribunal, deciding three appeals filed by three Assistant Professors working with Vidyavardhini’s College of Engineering and Technology, Vasai Road, District Palghar. By the common Judgment and Order, termination orders of all three Assistant Professors are quashed and set aside, and they are directed to be reinstated as confirmed employees from the date of the impugned order with continuity of service. The Tribunal has ordered payment of 50% back wages to Tarranum Khan and Manisha Dhanokar. So far as Aniket Akhade is concerned, he is held not entitled to back wages. Hence, the management and the college, i.e. original opponents nos. 1 and 2 (for convenience referred to as management), have filed the three Writ Petitions challenging the said common Judgment and Order. The fourth writ petition is filed by Aniket Akhade challenging the common Judgment and Order to the extent of refusal to grant back wages.

4. The three assistant professors had filed three separate appeals challenging their termination orders. Aniket Akhade was terminated by an order dated 8^th July 2019. Tarranum Khan was terminated by an order dated 10^th July 2019. Manisha Dhanokar was terminated by an order dated 10^th July 2019. All t