MANOHAR DHONDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE two Writ Petitions are pertaining to a common subject, which can be described as "grievance relating to sexual harassment meted out to some lady teachers working in a private school. " Writ Petition No. 282 of 2004 is filed by two petitioners, who claim to be office bearers of two different associations, namely, bharatiya Vidyarthi Sena and Indian bahuj an Teachers Association. Writ Petition no. 4170 of 2004, which was filed after about six months since Public Interest Litigation (PIL, for short) is filed by three lady teachers of the said private school, which is run by management-respondent No. 9 in the first writ Petition. As many as eleven Civil Applications were also filed by different parties in these two matters, which are clubbed together right from 16. 8. 2004, when the first major order was passed, common in both the Writ Petitions. We may quote operative part of the order dated 16. 8. 2004 for ready reference;

(2.) IN order to comprehend the scope of this peculiar litigation, we find it necessary and desirable to refer to the various Civil applications filed and orders passed therein. Writ Petition No. 282 of 2004 ("pil" for short) was filed by representatives of the two associations, initially reciting nine respondents, namely, State of Maharashtra, MSCW, charity Commissioner, Bombay, Joint Charity Commissioner, Aurangabad, dr. Babasaheb Ambedkar Marathwada University, Director of Education, Pune, Deputy director of Education, Aurangabad, Education Officer (Secondary) Z. P. Aurangabad and jai Tulja Bhavani Shikshan Prasarak mandal, Aurangabad, which is a management of the school, wherein the three lady teachers (petitioners in second Writ Petition)are / were serving. By the time the matters came up for final hearing, the list of respondents is extended by four more and how they happened to be added, will be clear as and when we refer to the Civil Applications and orders passed therein. In the second Writ Petition, eight parties were recited as respondents, i. e. State, secretary, Department of School Education, deputy Director of Education, Aurangabad, education Officer (Secondary), Z. P. Aurangabad, Shri P. K. Nalawade, Administrator and convener of Enquiry Committee constituted by the management, Shri rangnath Bhaurao Jadhav, who was Vice president of the society-management. Principal and Vice Principal of the educational institutions, namely, Jai Bhavani Vidya mandir and Junior College are impleaded as respondent Nos. 7 and 8. By referring to their names, impliedly, it is indicated that their impleadment is in their personal capacity and reference to their designation is eventual.

(3.) IT is by order dated 20. 2. 2006 in the last Civil Application No. 941 of 2006 that the two Writ Petitions were given preferential date of hearing and the Petitions were fixed for final hearing on 14. 3. 2006 at 2. 30 p. m. In fact, they were heard on 21st, 26th June, 3, 4, 11, 12 and 14 July, 2006. Still on record, there are four Civil Applications pending in the PIL and 2 in the second Writ Petition. By Civil Application no. 1308 of 2005, Principal Asha and Vice principal Leela have prayed for intervention in PIL, by directions to the petitioners therein to add them as respondent Nos. 10 and 11. By order dated 2. 3. 2005, it is ordered that this civil application can be considered at the time of final hearing. At the outset, when these two ladies were already respondent nos. 7 and 8 in second Writ Petition and the two Writ Petitions were already clubbed together, as can be seen from order dated 16. 8. 2004, we cannot avoid feeling that the application for intervention was not at all necessary. Feeling uncomfortable by this hanging stage, the two ladies filed civil Application No. 7936 of 2005, which is disposed of by this Court vide order dated 14. 7. 2005, with the following order. "heard. By consent, order dated 2. 3. 2005 passed in Civil Application No. 1308 of 2005 is hereby recalled and the present Civil Application is allowed and the applicants are to be joined as respondent Nos. 12 and 13. Amendment to be carried out forthwith. " we feel that, with the order in subsequent application, Civil Application No. 1308 of 2005 is fructified and thus not alive. By Civil Application No. 7006 of 2005, shri Gajanan Surase, the then Registrar of dr. Babasaheb Ambedkar Marathwada University, applied for intervention in Writ Petition no. 282 of 2004 (PIL ). There were other prayers in the application, but the application was disposed of with the order as follows;