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Bombay High Court dismisses PIL seeking termination of private respondents

The Bombay High Court dismissed a Public Interest Litigation (PIL) filed seeking directions to take immediate action and terminate the services of private respondents.

The PIL has been filed by one Sudam Rangrao Patil. According to the counsel for the petitioner, the private respondents are ineligible and untrained that would cause loss to the students. The counsel submitted that the state had taken action against them. The private respondents had filed the petition before the High Court but the Court did not entertain them. The respondents approached the Supreme Court, and the Supreme Court directed to grant one more opportunity to them, even after the opportunity was given the private respondents could not clear the examination.

Ramdas A. Shelke, the counsel for the petitioner, further submitted that the private respondents filed a civil suit before the Court of Civil Judge Junior Division. Though the Court of Civil Judge Junior Division does not possess the jurisdiction the suit is decreed. The petitioner has challenged the said judgment by taking an appropriate recourse and the same is pending. However, as it would require more time to get the matter decided, the present PIL is filed.

The Division Bench of Acting Chief Justice S.V. Gangapurwala and Justice Sandeep V. Marne observed that the Court cannot encourage such a practice on behalf of the petitioner.

“Such practice needs to be deprecated. The Civil Court has already passed the order and has decreed the suit filed by the respondents herein. The petitioner has already challenged the said decree by taking appropriate proceedings. In view of that the present PIL ought not to have been filed,” the order reads.

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