Bombay High Court
Khandesh Education Society ... vs The State Of Maharashtra And ... on 21 June, 2016
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO. 4890 OF 2016
1. Khandesh Education Society
at Amalner, Tq. Amalner
District Jalgaon
Through its Chairman
Mohan Balaji Satpute
age 52 years, occ. Business
r/o Amalner, Tq. Amalner
dist. Jalgaon.
2. Pratap College, Amalner
Tq. Amalner, Dist. Jalgaon
Through its Principal
Dr.lalchand Avachit Patil
age 63 years, occ. Service
r/o Amalner, Tq. Amalner
Dist. Jalgaon. .. PETITIONERS
VERSUS
1. The State of Maharashtra
Through the Secretary for
Higher and Technical Education
Mantralaya, Mumbai
2. The Director,
Higher and Technical Education
Maharashtra State, Pune.
3. The Joint Director,
Higher and Technical Education
Jalgaon Region, Jalgaon
Dist. Jalgaon
4. The North Maharashtra University
through its Registrar .. RESPONDENTS
5. Dr. Bapurao s/o Shridhar patil
Age 72 years, occ. Medical Practitioner
r/o navinya Hospital New Plot
Amalner, Tq. Amalner, Dist. Jalgaon .. INTERVENER
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Mr. A. V. Hon, advocate for petitioners.
Mr. S.Y. Mahajan, AGP for the State.
Mr. Y.B. Bolkar, advocate for respondent no 4
Mr. V.J. Dixit, Senior Counsel instructed by Mr. Vijay Deshmukh, advocate
for intervenor.
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CORAM : R.M. BORDE &
K. L. WADANE, JJ.
DATE : 21st JUNE, 2016.
ORAL JUDGMENT : ( PER R. M. BORDE, J. )
1. Rule. Rule made returnable forthwith.
2.
Heard finally with the consent of learned counsel for the respective
parties.
3. Petitioners are objecting to the communication issued by the Jt.
Director, Higher Education, Jalgaon Region, Jalgaon informing that the
Director of Higher Education has accorded stay to the letter of no objection
issued by the Jt. Director, Higher Education. The order directing stay to the
earlier communication according no objection has been issued by the
Director on 20.04.2016 which order appears to have been communicated on
21.04.2016.
4. There appears to be some dispute between two fractions claiming
control over the affairs of the management. It also does appear that the
Director has intervened in the matter at the instance of applicant in Civil
Application No. 8148/2016. There is no dispute on the issue that there are
vacancies in respect of teaching staff which are required to be filled in. On
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consideration of request made by the Principal of the college, the Assistant
Commissioner B.C. Cell, Nasik Division, Nasik has verified the roaster and
permitted the management to fill in the vacancies of the teaching staff.
Merely because petitioner no. 1 who claims himself as Chairman of the
institution has taken initiative, the action appears to have been objected by
the other fraction claiming control over the affairs of the management.
Interse disputes between the two fractions of the management shall not lead
to sacrifice of the educational activities which is of prime importance.
5.
In view of peculiar facts and circumstances of the case, we deem it
appropriate to quash the communication issued by the Jt. Director, Higher
Education, Jalgaon Division, Jalgaon on 21.04.2016 and the order passed
by the Director of Education on 20.04.2016 staying operation of the no
objection letter issued by the Jt. Director, Higher Education, Jalgaon. The
selection for making appointments to the post of teaching staff shall be
made by expert committee appointed by the University for the aforesaid
purpose and, the letters of appointment shall be issued under the signature
of petitioner no. 2 - Principal of the college. Such letter of appointment
issued under the order of this court by petitioner no. 2 shall be construed
valid for all practicable purposes. It is clarified that merely because this
Court has entertained the petition, it shall not be construed as expression
of opinion by this Court in respect of entitlement of petitioner no. 1 to
control the affairs of the management and, the issue if any, pending before
the Charity authority shall be dealt with by the concerned authority. The
decision in respect of control over the affairs of the management or any
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change report proceeding shall be dealt with by the concerned authority
without being influenced by the interference caused by this Court in the
instant petition. Rule made absolute. No costs.
( K. L. WADANE ) ( R. M. BORDE )
JUDGE JUDGE
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