{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6476 OF 2009 Dr.Kalyan Bhausaheb Lahane & others PETITIONERS VERSUS The State of Maharashtra and others RESPONDENTS ....... Mr.P.M.Shinde h/f Mr.D.J.Chaudhari, Advocate for petitioners Mr.V.B.Ghatge, AGP for respondent / State Mr.S.T.Shelke, Advocate for respondent No.2 Mr.Alok Sharma, Assistant Solicitor General for R-3 and 4 ....... [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 petitioners impugn the action of the respondents dated 15.09.2009 by which the petitioners are deputed for election duty. 2. The petitioners 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 of the Union of India or of the State Government. They {2} 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.Sharma, learned Assistant Solicitor General, 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 representations / requests of the petitioners for relieving them from election duty and would accordingly make alternate arrangement. Mr.Shinde, learned counsel for the petitioners, states that by tomorrow the petitioners would submit their individual requests for relieving them from the election duty. In the light of the aforesaid statement of learned Assistant Solicitor General, Mr.Shinde, learned counsel for the petitioners, 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/wp6476-09