BHAVIK Vs. INDUS UNIVERSITY

JUDGEMENT

(1.) Heard learned Advocate Mr. Subramaniam Iyer with learned Advocate Mr. Vinod Pandya for the petitioners and learned Senior Advocate Mr. Anshin Desai with learned Advocate Mr. Parth Contractor for the respondents. At the outset learned Advocate Mr. Iyer would submit, that under instructions of petitioners of Special Civil Application No. 15094 of 2020, that the petitioner does not seek to contest the petition and therefore he may be permitted to withdraw the same. Permission granted, Special Civil Application No. 15094 of 2020 is disposed of as withdrawn.

(2.) Since all the petitions raise a similar issue and since the preliminary objection which has been raised by the learned Counsel appearing on behalf of the respondent University being the same, this Court proposes to dispose of all the Writ Petitions by way of a common order. Facts of Special Civil Application No. 15098 of 2020 are taken for limited purpose of deciding the entire group.

(3.) At the outset, learned Senior Advocate Mr. Desai on behalf of the respondents would raise a preliminary objection as regards maintainability of the present group of Writ Petitions. Learned Senior Advocate Mr. Desai would draw the attention of this Court to a decision of learned Co-ordinate Bench of this Court in Special Civil Application No. 4238 of 2020 dtd. 13/8/2020, by way of which judgment, in case of a dispute between an employee and the very same respondent University as regards termination of services of the petitioners therein. Learned Co-ordinate Bench has taken a view that Writ Petition against the private University would not be maintainable.