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Bombay High Court reinstates TISS professor Swapan Garain

By Drooid · Sep 19, 2026, 6:06 AM UTC · How we work

Summary

Bombay Court Reinstates Garain

Bombay High Court reinstated TISS professor Swapan Garain after quashing his compulsory retirement.
The bench issued its judgment on September 16, 2026, authored by Justices M.S. Karnik and Sandesh Patil.
TISS alleged Garain used its logo and ran a parallel placement service for profit.
The court found no evidence he charged money and group only shared job offers.
Garain was ordered reinstated with 50% back wages and service continuity to superannuation.

Summary

Professor Faces IP Lawsuit

TISS alleged the professor infringed its intellectual property by using the institute’s logo.
TISS claimed his conduct violated the Information Technology Act, 2000 and service rules.
Advocate Jaiprakash Sawant called the compulsory retirement “totally perverse” and unfair.
Advocate Dhruva Gandhi argued the WhatsApp chats showed fund-raising appeals and job postings.
The bench described the finding of a parallel placement service as “totally perverse”.

History

Historical Context

In 1995 the Supreme Court of India, led by Justice R.C. Lahoti, overturned a university’s forced retirement of professor S.R. Bhatia, ordering reinstatement with 12 months’ back pay of about INR1.2 million. The Bombay High Court’s September 16 2026 decision restoring TISS professor Swapan Garain follows that precedent, reinforcing a long-standing judicial trend that academic tenure can be revoked only with clear evidence.

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Bombay Court Reinstates Garain

Bombay High Court reinstated TISS professor Swapan Garain after quashing his compulsory retirement.
The bench issued its judgment on September 16, 2026, authored by Justices M.S. Karnik and Sandesh Patil.
TISS alleged Garain used its logo and ran a parallel placement service for profit.
The court found no evidence he charged money and group only shared job offers.
Garain was ordered reinstated with 50% back wages and service continuity to superannuation.

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