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2025 DAILYLAW 75289 (BOM)

TAPATI MUKHOPADHYAY AND 6 ORS. v. UNIVERSITY OF MUMBAI AND 3 ORS.

WP/1268/2007 · 2025-11-19

Shri Ashwin D Bhobe, Shri Ravindra V Ghuge

Transfer Petitionbody2025

Judgment text

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904-wp-1268-2007.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1268 OF 2007 Dr.Tapati Mukhopadhyay and Others … Petitioners versus University of Mumbai and Others … Respondents … Mr.Rui Rodrigues for Respondent No.1- University. Mr.Prashant Kamble, AGP for the Respondent -State. Ms.Anjali Shinde i/b. Mr.Nitin Deshpande for Respondent No.3. ... CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ. DATE : NOVEMBER 19, 2025 P.C: 1. This matter is listed under the category of “Prioritized Cases”. 2. None appears for the Petitioners, either in the Court Hall or through video-conferencing mode. 3. In Writ Petition (L) No. 2998 of 2006 (Regular Number is 131 of 2007), filed by the University of Mumbai College Principals’ Association, on 9th January 2007, this Court had passed the following order: Trupti ...1 TRUPTI SADANAND BAMNE Digitally signed by TRUPTI SADANAND BAMNE Date: 2025.11.21 11:16:56 +0530 904-wp-1268-2007.odt “ Heard the counsel for the petitioner and the counsel for respondent Nos. 1, 2 and 3. 2. We do not deem it necessary to go into the correctness of the ad-interim order dated 2.1.2007 passed by the Vacation Judge since the counsel for the respondent Nos. 1, 2 and 3 submitted that the forthcoming election of 17 teachers to the Senate to be conducted by the University of Mumbai on 12.1.2007 has been postponed until the completion of the process of finalisation of the new electoral roll under the Teachers Constituency. Obviously, election to 17 teachers to Senate shall now be conducted by the University Mumbai only after the new electoral roll in accordance with the law is completed and finalised. 3. We dispose of the writ petition accordingly.” 4. This Petition pertains to a challenge to the legality of a Circular issued by the University of Mumbai, by which the cancellation of the entire process of election of 17 teachers to the Senate under Section 25(2)(p) of the Maharashtra Universities Act, 1994 was assailed. 5. By the above-reproduced order dated 9th January 2007, this Court recorded in paragraph 2 that, with the postponement of the election of 17 teachers to the Senate, to be conducted after the new electoral roll under the Teachers Constituency is finalized, the election to 17 teachers to the Senate, shall now be conducted by the University of Mumbai only after the new electoral roll in accordance with law, is completed and finalized. Trupti ...2 904-wp-1268-2007.odt 6. In view of the above, we find that the cause of action brought before this Court by the present Petition filed on 5th March, 2007 in which no interim orders have been passed after the Petition was admitted on 6th August 2008, no longer survives. This Petition is, therefore, rendered infructuous. 7. In view of the above, this Petition is disposed off as being infructuous. 8. Rule is discharged. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Trupti ...3