1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE LETTER PATENT APPEAL NO.48 OF 2006 LETTER PATENT APPEAL NO.48 OF 2006 LETTER PATENT APPEAL NO.48 OF 2006 IN IN IN WRIT PETITION NO.9012 OF 2004 WRIT PETITION NO.9012 OF 2004 WRIT PETITION NO.9012 OF 2004 Girish Keshavrao Hadke ...Appellant Girish Keshavrao Hadke ...Appellant Girish Keshavrao Hadke ...Appellant Vs. Vs. Vs. University of Pune & Ors. ...Respondents University of Pune & Ors. ...Respondents University of Pune & Ors. ...Respondents WITH WITH WITH LETTER PATENT APPEAL NO.49 OF 2006 LETTER PATENT APPEAL NO.49 OF 2006 LETTER PATENT APPEAL NO.49 OF 2006 IN IN IN WRIT PETITION NO.9027 OF 2004 WRIT PETITION NO.9027 OF 2004 WRIT PETITION NO.9027 OF 2004 Umesh Sambhaji Zapke ...Appellant Umesh Sambhaji Zapke ...Appellant Umesh Sambhaji Zapke ...Appellant Vs. Vs. Vs. University of Pune & Ors. ...Respondents University of Pune & Ors. ...Respondents University of Pune & Ors. ...Respondents WITH WITH WITH LETTER PATENT APPEAL NO.50 OF 2006 LETTER PATENT APPEAL NO.50 OF 2006 LETTER PATENT APPEAL NO.50 OF 2006 IN IN IN WRIT PETITION NO.9026 OF 2004 WRIT PETITION NO.9026 OF 2004 WRIT PETITION NO.9026 OF 2004 Vaibhav Madhusudan Limaye ...Appellant Vaibhav Madhusudan Limaye ...Appellant Vaibhav Madhusudan Limaye ...Appellant Vs. Vs. Vs. University of Pune & Ors. ...Respondents University of Pune & Ors. ...Respondents University of Pune & Ors. ...Respondents WITH WITH WITH LETTER PATENT APPEAL NO.51 OF 2006 LETTER PATENT APPEAL NO.51 OF 2006 LETTER PATENT APPEAL NO.51 OF 2006 IN IN IN WRIT PETITION NO.9029 OF 2004 WRIT PETITION NO.9029 OF 2004 WRIT PETITION NO.9029 OF 2004 Sanjay Laxman Shinde ...Appellant Sanjay Laxman Shinde ...Appellant Sanjay Laxman Shinde ...Appellant Vs. Vs. Vs. University of Pune & Ors. ...Respondents University of Pune & Ors. ...Respondents University of Pune & Ors. ...Respondents WITH WITH WITH LETTER PATENT APPEAL NO.52 OF 2006 LETTER PATENT APPEAL NO.52 OF 2006 LETTER PATENT APPEAL NO.52 OF 2006 IN IN IN WRIT PETITION NO.9030 OF 2004 WRIT PETITION NO.9030 OF 2004 WRIT PETITION NO.9030 OF 2004 Shekhar Ramesh Joshi ...Appellant Shekhar Ramesh Joshi ...Appellant Shekhar Ramesh Joshi ...Appellant Vs. Vs. Vs. University of Pune & Ors. ...Respondents University of Pune & Ors. ...Respondents University of Pune & Ors. ...Respondents WITH WITH WITH LETTER PATENT APPEAL NO.53 OF 2006 LETTER PATENT APPEAL NO.53 OF 2006 LETTER PATENT APPEAL NO.53 OF 2006 IN IN IN WRIT PETITION NO.9014 OF 2004 WRIT PETITION NO.9014 OF 2004 WRIT PETITION NO.9014 OF 2004 Milind Bhaskar Waghmre ...Appellant Milind Bhaskar Waghmre ...Appellant Milind Bhaskar Waghmre ...Appellant 2 Vs. Vs. Vs. University of Pune & Ors. ...Respondents University of Pune & Ors. ...Respondents University of Pune & Ors. ...Respondents Mr.A.V.Anturkar with Sugandh B. Deshmukh for Mr.A.V.Anturkar with Sugandh B. Deshmukh for Mr.A.V.Anturkar with Sugandh B. Deshmukh for Appellants Appellants Appellants Mr. R.M.Patne, A.G.P. for Respondents Mr. R.M.Patne, A.G.P. for Respondents Mr. R.M.Patne, A.G.P. for Respondents CORAM: R.M.S.KHANDEPARKAR & CORAM: R.M.S.KHANDEPARKAR & CORAM: R.M.S.KHANDEPARKAR & SMT.ROSHAN DALVI, JJ. SMT.ROSHAN DALVI, JJ. SMT.ROSHAN DALVI, JJ. DATED: 3RD APRIL, 2006 DATED: 3RD APRIL, 2006 DATED: 3RD APRIL, 2006 P.C. P.C. P.C. 1. Heard. Since undisputedly the appointments of 1. Heard. Since undisputedly the appointments of 1. Heard. Since undisputedly the appointments of the appellants were made under a scheme and it is not the appellants were made under a scheme and it is not the appellants were made under a scheme and it is not in dispute that the said scheme has come to an end, in dispute that the said scheme has come to an end, in dispute that the said scheme has come to an end, the termination of the services of the appellants the termination of the services of the appellants the termination of the services of the appellants cannot be found fault with. Considering the same, the cannot be found fault with. Considering the same, the cannot be found fault with. Considering the same, the impugned order passed by the learned single Judge impugned order passed by the learned single Judge impugned order passed by the learned single Judge rejecting the challenge by the Petitioners cannot be rejecting the challenge by the Petitioners cannot be rejecting the challenge by the Petitioners cannot be found fault with, and therefore, there is no case made found fault with, and therefore, there is no case made found fault with, and therefore, there is no case made out for interference in the Letters Patent Appeal. out for interference in the Letters Patent Appeal. out for interference in the Letters Patent Appeal. 2. Undoubtedly, the appellants in the Writ 2. Undoubtedly, the appellants in the Writ 2. Undoubtedly, the appellants in the Writ Petitions filed before the learned Single Judge have Petitions filed before the learned Single Judge have Petitions filed before the learned Single Judge have also prayed as under :- also prayed as under :- also prayed as under :- . " That this Honourable Court be . " That this Honourable Court be . " That this Honourable Court be pleased to issue a writ certiorari or writ in pleased to issue a writ certiorari or writ in pleased to issue a writ certiorari or writ in the nature of certiorari or any other the nature of certiorari or any other the nature of certiorari or any other appropriate writ, direction or order under appropriate writ, direction or order under appropriate writ, direction or order under Article 226 of the Constitution of India, Article 226 of the Constitution of India, Article 226 of the Constitution of India, 1950, quashing and setting aside the judgment 1950, quashing and setting aside the judgment 1950, quashing and setting aside the judgment and order passed by the learned Presiding and order passed by the learned Presiding and order passed by the learned Presiding Officer, Pune/Shivaji University and the Officer, Pune/Shivaji University and the Officer, Pune/Shivaji University and the 3 College Appellate Tribunal, Pune University College Appellate Tribunal, Pune University College Appellate Tribunal, Pune University Campus, Pune-7 in Appeal No.72 of 2004 dated Campus, Pune-7 in Appeal No.72 of 2004 dated Campus, Pune-7 in Appeal No.72 of 2004 dated 1st October 2004, and be pleased to quash and 1st October 2004, and be pleased to quash and 1st October 2004, and be pleased to quash and set aside the termination of the service of set aside the termination of the service of set aside the termination of the service of the Petitioner by the Respondent No.1." the Petitioner by the Respondent No.1." the Petitioner by the Respondent No.1." 3. Needless to say that the learned Single Judge 3. Needless to say that the learned Single Judge 3. Needless to say that the learned Single Judge has not dealt with the said aspect of the matter, and has not dealt with the said aspect of the matter, and has not dealt with the said aspect of the matter, and rightly so, as the same cannot be dealt with by the rightly so, as the same cannot be dealt with by the rightly so, as the same cannot be dealt with by the learned Single Judge, the matter in that regard will learned Single Judge, the matter in that regard will learned Single Judge, the matter in that regard will have to be dealt with by the Division Bench. In the have to be dealt with by the Division Bench. In the have to be dealt with by the Division Bench. In the result, therefore, all the appeals stand rejected. No result, therefore, all the appeals stand rejected. No result, therefore, all the appeals stand rejected. No order as to costs. order as to costs. order as to costs. (SMT. ROSHAN DALVI, J.) (R.M.S.KHANDEPARKAR,J.) (SMT. ROSHAN DALVI, J.) (R.M.S.KHANDEPARKAR,J.) (SMT. ROSHAN DALVI, J.) (R.M.S.KHANDEPARKAR,J.)