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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
Writ Petition NO. 4175 OF 2013
PETITIONERS: 1. Vidya Vikas Mandal, Lakhandur,
Distt., Bhandara, through its President,
Smt. Kavita Sadashiv Donadkar, Aged
about 56 years, R/o Navegaon
(Murkhala), Post Mudza, Tah. & Dist.
Gadchiroli.
2. Smt. Kavita Sadashiv Donadkar,
Aged about 56 years, Headmistress,
Mahatma Gandhi Vidyalaya, Navegaon,
R/o Navegaon (Murkhala), Post Mudza,
Tah. & Dist. Gadchrioli.
3. Prabhakar s/o Sadashiv Donadkar,
Aged about 52 years, Member,
Managing Committee, R/o Navegaon
(Murkhala), Post Mudza, Tah. & Dist.
Gadchiroli.
4. Giridhar Sitaram Chandewar,
Aged about 44 years, Occu: Service, R/o
Murakhala, P.O. Mudaza, Tah. & Distt.
Gadchiroli.
5.
Prakash s/o Yadaorao Nandeshwar,
Aged about 53 years, Occu: Service, R/o
Murakhala, P.O. Mudaza, Tah. & Dist.
Gadchiroli.
-VERSUS-
RESPONDENTS: 1. State of Maharashtra,
through its Secretary, Ministry of Education, Mantralaya, Mumbai-32.
2. The Deputy Director of Education, Nagpur Division, Nagpur.
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wp4175of2013.odt 2/4 3 The Education Officer (Secondary), Zilla Parishad, Gadchiroli.
4. Sadashiv s/o Shivaji Donadkar, Aged about 79 years, styling himself as Secretary of the Trust, Occu: Retired, R/o Navegaon (Murkhala), Post Mudza, Tah & Dist. Gadchiroli.
Shri. R.L. Khapre, Advocate for petitioners. Shri S.P. Bhandarkar, Advocate for Respondent No.4. Shri N.S. Rao, A.G.P. for Respondent No. 1 to 3.
CORAM: R.K.DESHPANDE AND M.G. GIRATKAR, JJ DATED: 13th DECEMBER, 2017.
Oral Judgment (Per R.K.Deshpande, J.)
1. This writ petition seeks direction to the respondent Nos. 2 and 3 to ensure smooth management of school and to control the illegal activities of the respondent no.4 by ordering him not to interfere in the management of the school. It seems that this Court has passed an order dated 2nd August, 2013 directing that no punishment shall be imposed upon the petitioner Nos. 4 and 5, if any disciplinary proceedings are instituted against them.
2. We have already allowed writ petition No. 2518/2013 ::: Uploaded on - 18/12/2017 ::: Downloaded on - 20/12/2017 01:05:31 ::: wp4175of2013.odt 3/4 by separate judgment delivered today, for the same reasons this petition also needs to be allowed. The order of the Education Officer passed on 8th February, 2012 making interim arrangement for the purposes of financial and administrative powers in respect of the school managed by the society is in force. Though, it is made subject to the decision of the proceedings under Section 41A of the Maharashtra Public Trusts Act, 1950 the respondent no.4 cannot be allowed to pass any orders contrary to the order dated 8th February, 2012 passed by the Education Officer, which was confirmed in writ petition No. 1385/2012.
3. We therefore quash and set aside the statement of the allegations at Annexures 19, 20, 25 and 28 issued under the signature of the respondent no.4, which is not backed by resolution by majority as per the order of the Education Officer. We, however, make it clear that if any such decision is taken in accordance with the order dated 8th February, 2012 passed by the Education Officer, neither the decision given by us in Writ Petition No. 2518/2013 or in the present writ petition shall come in the way of the parties.
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4. Rule is made absolute in the above terms. No order as to costs.
JUDGE JUDGE
nandurkar
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