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2025 DAILYLAW 35287 (BOM)

EGIDIO DE SA v. DIOCESAN SOCIETY OF EDUCATION THR. ITS SECRETARY AND ANR

WP/279/2025 · 2025-07-16

Shri Valmiki Menezes

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP 279 of 2025 Meena IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.279 OF 2025 EGIDIO DE SA ... PETITIONER Versus DIOCESAN SOCIETY OF EDUCATION THR. ITS SECRETARY AND ANR ... RESPONDENTS Mr. Shithil Prabu Desai, Advocate for the Petitioner. Mr. Vinod Korgaonkar, Advocate for the Respondents. CORAM:- VALMIKI MENEZES, J. DATED :- 16th July, 2025 P.C.: 1. At the time when this petition was filed, the College/University Tribunal was functional. The Officer appointed by the Tribunal on deputation from the judicial service was appointed persona designata by name; however, thereafter, she has been repatriated back to the District Court on completion of her term under the order of appointment. 2. In the place of the previous presiding officer, a new presiding officer was appointed to the Administrative Tribunal of Goa, which initially acted as the University/College Tribunal. However, for the purpose of the present incumbent to act as the Presiding Officer in the 16th July, 2025 WP 279 of 2025 University/College Tribunal, a specific order was required from the Government appointing her by name persona designata, which has till date, not been received. In these circumstances, the present officer in charge of the Administrative Tribunal is not vested with any powers as the University/College Tribunal for lack of a specific order appointing her to that position. 3. The reliefs in the petition are to direct to the University/College Tribunal, to dispose of the Petitioner's appeal in a time-bound fashion. However, since the present Officer in the Administrative Tribunal is not empowered as the University/College Tribunal, such direction cannot be given by this Court, in this petition. This essentially would be a matter of issuing a mandamus to the appropriate Government to appoint an Officer to the University/College Tribunal, which post is presently vacant. If so advised, the Petitioner may file an appropriate petition seeking such relief; however, the present petition would have to be dismissed as such direction could not be granted. 4. The petition is dismissed granting leave to the petitioner, if so advised, to file an appropriate petition before the Division Bench seeking such directions. VALMIKI MENEZES, J. 16th July, 2025 Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 18/07/2025 10:55:39