Shailesh Ramesh Rane And Others vs The State Of Maharashtra And ...
2016 Latest Caselaw 2887 Bom

                                              {1}
                                                            5876 & 6181.16 wp.odt

                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY




                                                                            
                            BENCH AT AURANGABAD

                          WRIT PETITION NO. 5876 OF 2016




                                                    
     1        Bharat S/o Asaram Kale
              Age: 48 years, occu: service,
              R/o Plot No.94, Sharda Nagar,
              Datta Mandir, Dhule




                                                   
              Tq. Dist. Dhule

     2        Shaikh Mazharuddin Kutboddin
              age: 52 years, occu: service,
              R/o Pardeshipura, Nandurbar




                                          
              Tq. Dist. Nandurbar

     3
                             
              Arun S/o Gajendrasinh Hazari
              age: 56 years, occu: service
              R/o Pardeshipura, Nandurbar
              Tq. Dist. Nandurbar
                            
     4        Ghansham S/o Nurji Padvi,
              age: 53 years, occu: service
              R/o Gujar Bhavan, Nandurbar
              Tq. Dist. Nandurbar
      


     5        Prabhakar Tukaram Chavan,
   



              age: 55 years, occu: social work
              R/o Shirpur, Tq. Shirpur,
              Dist. Dhule

     6        Dnyaneshwar Kisan Shelar





              age: 54 years, occu: service,
              R/o Nashik, Tq.Dist. Nasik                                Petitioners

              Versus





     1        The State of Maharashtra,
              Through: The Secretary,
              School Education & Sports
              Department, Mantralaya,
              Mumbai 32

     2        The Director of Education,
              Maharashtra State Pune




    ::: Uploaded on - 18/06/2016                    ::: Downloaded on - 30/07/2016 05:37:17 :::
                                               {2}
                                                            5876 & 6181.16 wp.odt

     3        The Deputy Director of Education,




                                                                            
              Nashik Division, Nashik

     4        The Maharashtra State Board of




                                                    
              Secondary & Higher Secondary
              Education, Nashik Division, Nashik
              Through Its Divisional Secretary                        Respondents

Mr.D.S. Bagul advocate for the petitioners Mr.V.M. Kagne, Assistant Government Pleader for Respondents

WITH

WRIT PETITION NO. 6181 OF 2016

Shailesh Ramesh Rane Age: 42 years, occu: service, R/o Vivare (Bk), tq. Raver

District: Jalgaon

2 Sanju Kautik Bhatkar, Age: 49 years, occu: service, R/o Fekari Tq. Bhusaval,'

District: Jalgaon

3 Prakash Bhika Patil, Age: 46 years, occu: service, R/o Dadasaheb Ambar Rajaram Patil Secondary & Higher Secondary School Mangrool, Tq. Amalner

District: Jalgaon Petitioners

Versus

1 The State of Maharashtra, Through: Its Secretary,

School Education & Sports Department, Mantralaya, Mumbai

2 The Director of Education, Maharashtra State, Pune

3 The Deputy Director of Education, Aurangabad Division, Nashik

{3} 5876 & 6181.16 wp.odt

4 The Maharashtra State Board of

Secondary & Higher Secondary Education, Nashik Divisional Board, Station Road, Nashik

Through Its Divisional Secretary Respondents

Mr.V.D. Sapkal advocate for the petitioners Mr.V.M. Kagne, Assistant Government Pleader for Respondents

_______________

CORAM : R.M. BORDE &

K.L.WADANE, JJ ig (Date : 16 th June, 2016.)

ORAL JUDGMENT

(Per: R.M. Borde,J)

1 Rule. With the consent of the parties, both the petitions are

taken up for decision at admission stage.

2 In both these petitions, the petitioners are seeking

quashment of Notification dated 5.3.2015 published by

respondent No.1 in the Government gazette and the

communication by respondent No.4 the Maharashtra State Board of

Secondary & Higher Secondary Education, Nasik, informing the

petitioners the decision taken by the State Government to terminate

their appointment as nominated Members of the secondary school

Board, Nasik.

{4} 5876 & 6181.16 wp.odt

2 The petitioners contend that they were nominated in

exercise of powers conferred under section 6(1) of The

Maharashtra State Board of Secondary & Higher Secondary

Education Board Act, 1965 and tenure of their appointment is for

a period of four years. The respondent State, in exercise of

powers conferred under section 8(1)(a) of the said Act directed

termination of membership of the nominated members before

completion of stipulated period of four years. According to the

petitioners, the powers exercisable by the State Government

cannot be invoked in arbitrary manner. There must be some

ground or reason available for taking adverse action. Those

reasons need not be communicated, however, existence of the

reasons is a sine quo known. Reliance is placed on a Judgment

delivered by Division Bench of this Court in Writ Petition No.

2949/2015 and other companion matter decided on 6.5.2016. The

issue raised in the instant petitions is no more res integra and is

covered by the decision rendered by the Division Bench.

3 In this view of the matter and for the reasons recorded by

the Division Bench while disposing of the aforesaid writ petitions,

the instant petitions also deserve to be allowed and the same are

accordingly allowed.

{5} 5876 & 6181.16 wp.odt

4 The notification dated 5.3.2015 removing the petitioners as

nominated members is quashed and set aside. However, there

would not be any impediment for the respondents to take fresh

action, in accordance with law, if there exists cause or grounds.

5 Rule is accordingly made absolute in above terms. No costs.

(K.L.WADANE, J) (R.M.BORDE, J)

vbd