Bombay High Court Sou. Fatima Shabbir Shaikh vs The State Of Maharashtra Through The ... on 28 June, 2024 2024:BHCAS:25778DB 1 wp 9636.19.edited.doc CIVIL APPELLATE JURISDICTION Writ Petition No. 9636 of 2019 Sou. Fatima Shabbir Shaikh R/o. Plot No.155, Ambedkar Housing Society, A/P Jaysingpur, Tal. Shirol, Dist. Kolhapur 416 401. ... Petitioner. V/s. 1) The State of Maharashtra Through the Secretary, Higher and Technical Education Department, Mantralaya, Mumbai 400 032. 2) The Director of Vocational Education and Training, Maharashtra State, Mumbai. 3) The Joint Director of Vocational Education and Training, Pune. 4) Latthe Education Society, Sangli, Rajnemi Campus, Timber Area, Sangli 416 416. Through its Chairman/Secretary ... Respondents Digitally signed by LATA LATA SUNIL SUNIL PANJWANI PANJWANI Date: Mr. Narendra V. Bandiwadekar, Senior Advocate a/w 2024.07.02 15:45:18 Mr. Vinayak Kumbhar, Mr. Rajendra B. Khaire, Mr.Aniket S. +0530 Phapale i/b. Ms. Ashwini Bandiwadekar for the Petitioner. Mr. B.V. Samant,Additional Government Pleader a/w. Mr. A.C. Bhadang, AGP, for Respondent Nos. 1 to 3State. ::: Uploaded on 02/07/2024 ::: Downloaded on 15/07/2024 06:44:31 ::: 2 wp 9636.19.edited.doc Mr. Nilesh Wable a/w. Ms. Rutuja Khatmode i/b. Umesh Mankapure for Respondent No.4. M.M. SATHAYE, J.J. DATE: 28 June 2024. JUDGMENT (PER NITIN JAMDAR, J) : Rule. Rule made returnable forthwith. Respondents waive service. Taken up for disposal. 2. The Petitioner has challenged the action of the Respondent employer in reverting and reducing the Petitioner in rank from the post of Principal to the post of Mathematics Instructor. Petitioner has sought a direction to the Respondentemployer to reinstate the Petitioner on the post of Principal with all consequential benefits. 3. The Respondent No.1 is the State of Maharashtra. Respondent No.2 is the Director of Vocational Education and Training Institute. Respondent No.3 is the Joint Director of Vocational Education and Training, and Respondent No.4 the Education Society, is the employer of the Petitioner. 4. Respondent No.4 Education institute is registered under the Bombay Public Trust Act, 1950 and Societies Registration Act, 1960. ::: Uploaded on 02/07/2024 ::: Downloaded on 15/07/2024 06:44:31 ::: 3 wp 9636.19.edited.doc It operates several educational units, including the Industrial Training Institute at Jaysingpur. The permission is granted to Respondent No.4 Education Society to run the Industrial Training Institute on an unaided basis. 5. On 1 February 2008, Respondent No.4 published an advertisement in the newspaper inviting applications for the post of Principal to be filled in at the Jaysingpur Industrial Training Institute. The advertisement stipulated the educational qualifications per All India Council for Technical Education norms. The Petitioner applied for the post of Principal. An interview was conducted. Petitioner was selected and was appointed by order dated 25 November 2008 with effect from 1 December 2008 as a Principal on probation. In the meeting held on 9 January 2010 of the Managing Council of Respondent No.4, a resolution was passed to confirm the Petitioner's probation period after the expiry of one year. Accordingly, the Petitioner was confirmed as a permanent employee from 1 December 2009. After that, the Petitioner continued to work with the Respondent No.4. 6. On 30 May 2019, the Managing Committee of Respondent No.4 passed a resolution that Petitioner be reverted with effect from 1 June 2019 from the post of Principal of Industrial Technical Institute and be posted as a Mathematics Instructor for administrative