GAVIT GULABSING SUKA vs SHRI SWAMI VIVEKANAND SHIKSHAN SANSTHA KOLHAPUR THR. SECRETARY/CHAIRMAN AND ORS

Judgment text excerpt

30.WP.16771.2024 (1).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 16771 OF 2024 Shri Gavit Gulabsing Suka ….Petitioner Versus 1. Shri Swami Vivekanand Shikshan Sanstha (Kolhapur) 2. New English School & Junior College, Mhasala 3. The Deputy Director of Education ....Respondents Mr. Sugandh Deshmukh a/w. Aniket Kanawade, Bhushan G. Deshmukh, Vaibhav Thorave, Aryan Deshmukh, Irvin D’Souza & Karishma Shinde, for Petitioner. Mr. Narendra V. Bandiwadekar, Senior Advocate a/w. Vinayak R. Kumbhar, Rajendra Khaire & Aniket Phapale i/b. Ashwini Bandiwade, for Respondent No.2. Smt. M. S. Srivastava, AGP for State. CORAM: SOMASEKHAR SUNDARESAN, J. DATE : JANUARY 20, 2026 ORAL JUDGEMENT: 1. Rule. Rule made returnable forthwith. By consent of parties, taken up for final hearing. Digitally signed by AARTI AARTI GAJANAN GAJANAN PALKAR PALKAR Date: Page 1 of 19 2026.01.29 17:50:42 +0530 JANUARY 20, 2026 Aarti Palkar 30.WP.16771.2024 (1).doc Context and Factual Background: 2. This Petition impugns a Judgement passed by the Learned School Tribunal, Mumbai in Appeal No. 59 of 2023 dated August 20, 2024 (“Impugned Judgement”) dismissing the Appeal filed by the Petitioner against the termination of the Petitioner from the services of Respondent No.1 (for convenience, “Management”) and Respondent No. 2 (for convenience, “School”). 3. The Petitioner was engaged as a probationary Assistant Teacher (shikshan sevak) on February 29, 2020 in the School, for a period of three years. The probation period was meant to end on February 28, 2023. 4. On December 23, 2022, complaints were received by the School from parents of a certain girl student alleging that the Petitioner was in instant messaging contact with the student, and that the exchange of messa