{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6472 OF 2009 Jagdish Vishwambhar Bharad PETITIONER VERSUS The State of Maharashtra and others RESPONDENTS ....... Mrs.Pratibha Wankhede-Bharad, Advocate for petitioners Mr.V.B.Ghatge, AGP for respondent / State Mr.S.T.Shelke, Advocate for respondent No.2 & 3 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 29th September 2009 PER COURT: 1. By this petition, under Article 226 of the Constitution of India, the petitioner impugns the action of the respondents dated 15.09.2009 by which the petitioner is deputed for election duty. 2. The petitioner placed strong reliance on the Division Bench judgment of this Court in Writ Petition No.2472/1996 dated 17th April 1996. The Division Bench, at para-6, has held thus - “In our judgment, teachers of private colleges and universities do not fall within the category of employees {2} of the Union of India or of the State Government. They also do not fall within the category of employees belonging to local authorities. In the circumstances, the requisition of their services on compulsory basis lacks the authority of law and is therefore liable to be quashed. It follows that teachers belonging to colleges and universities cannot compulsorily be called upon to perform election duty. Similarly, they cannot be processed against either by way of disciplinary action or by arrest and detention as is threatened. This, however will not prevent the teachers from voluntarily performing election duties.” 2. Mr.Ghatge, learned AGP, who accepts notice on behalf of respondents, states on instructions from Mr.T.M.Kamble, Deputy Election Officer, that in the light of the ratio of the Division Bench of this Court, adverted to above, the respondents would examine the representation / request of the petitioner for relieving him from election duty and would accordingly make alternate arrangement. Mrs.Bharad, learned counsel for the petitioner, states that by tomorrow the petitioner would submit his individual request for relieving him from the election duty. In the light of the aforesaid statement of learned AGP, Mrs.Bharad, learned counsel for the petitioner, seeks to withdraw this petition. Writ petition is accordingly dismissed as we have accepted the statement made by learned AGP on behalf of the respondents. No costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp6472-09