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2026:BHC-OS:2986-DB

Digitally

signed by

GAURI AMIT

GAURI 902.WP-1185-2023.odt

GAEKWAD

AMIT

Date:

GAEKWAD

2026.02.02

12:22:40

+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO.1185 OF 2023

Dr. Sushmita Negi, aged 59

Indian citizen

Associate Professor in Botany at

Patkar Varde College, Mumbai

residing at 703/92, Poonam Complex

Shanti Park, Mira Road (E)

District Palghar 401 107 ....Petitioner

Versus

1. The State of Maharashtra

through Principal Secretary in the

Department of Higher & Technical Education

Mantralaya, Mumbai – 400 032

2. The Director of Higher Education

Maharashtra State, Central Building

Pune 411 001

3. The Joint Director of Higher Education

Mumbai Region,

Elphinstone Technical School,

Mahapalika Road, Mumbai 400 001

4. Chikitsak Samuha

A registered Trust / Society

having office at Patkar College

Goregaon (W), Mumbai 400 104

(through its Secretary)

www.patkarvardecollege.edu.in

5. SSLS Patkar & V.P. Varde College

S.V. Road, Goregaon (W)

Mumbai 400 104

(through its Principal)

Email: principal@patkarvardecollege.edu.in ....Respondents

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Mr. Suresh Pakale, Senior Advocate a/w. Mr. Saurabh Pakale,

Mr. Nilesh Desai i/b. Ms. Padmaja Malgaonkar for the Petitioner.

Mr. Himanshu B. Takke, AGP for the Respondent/State.

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CORAM : RAVINDRA V. GHUGE

&

ABHAY J. MANTRI, JJ.

DATE : 30th JANUARY, 2026

ORAL JUDGMENT (PER : RAVINDRA V. GHUGE, J.)

1. Rule. Rule made returnable forthwith and heard finally

by the consent of the parties.

2. The learned Senior Advocate for the Petitioner places

on record a photostat copy of the communication dated 30^th January,

2026, received by the Petitioner and the briefing Advocate from

Professor Dr. Gautam Sonkamble, In-charge Principal of Sir Sitaram

and Lady Shantabai Patkar College of Arts and Science and V.P.

Varde College of Commerce and Economics, informing the

Petitioner that the College does not desire to engage an Advocate as

it intends to assist the Petitioner without causing any future financial

burden on the Institution. The notice issued vide order dated

8^th May, 2024 has been served upon the parties. The photostat copy

of the communication dated 30^th January, 2026 from Respondent

No.5 is taken on record and marked as ‘ X ’ for identification.

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3. The dates and sequence of events are as under :

(a) The Petitioner acquired the requisite

qualifications of M.Phil. and Ph.D. for

appointment as a Lecturer in Botany;

(b) On 1^st July, 2001, the local Selection

Committee selected the Petitioner and appointed

her against a post of Lecturer in Botany, reserved

for the Backward Category;

(c) Between 2001 and 2006, the Petitioner’s

appointment as a Full Time Lecturer in Botany on

a temporary basis for one academic year at a time,

was approved by specific orders passed by the

University, which are placed on record from page

nos.47 to 61. This is an undisputed position;

(d) The Petitioner applied on 3^rd May, 2006 to the

College seeking a full time appointment as a

Lecturer in Botany for the Degree College with

Respondent No.5;

(e) Pursuant to the interviews conducted by a

legally constituted Selection Committee, the

Petitioner was appointed on probation for a period

of two years with effect from 24^th July, 2006;

(f) The Petitioner was confirmed in service and

continued as such until her superannuation on

31^st March, 2023;

(g) The Deputy Registrar of the College Teachers

Approval Unit of the University of Mumbai

conveyed to the College that the technical breaks

in the service of the Petitioner for a total duration

of 199 days from 13^th June, 2002 to 21^st August,

2002, 1^st May, 2003 to 13^th June, 2003, 1^st May,

2005 to 12^th June, 2005 and 12^th June, 2006 to

23^rd July, 2006, was condoned for the purpose of

pension-cum-gratuity benefits as per the

Government Resolution dated 7^th March, 1986;

Gaur