Bombay High Court
Shri Ram Mandir Meghe Trust, ... vs Dr. Punjabrao Deshmukh Krishi ... on 16 August, 2017
Bench: B.P. Dharmadhikari
1 1608wp5333.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 5333 OF 2017
(Shri Ram Mandir Meghe Trust and another .v. Dr. Punjabrao Deshmukh Krishi Vidyapeeth
and others)
WITH
WRIT PETITION NO. 5351 OF 2017
(Dattatraya Shikshan Prasarak Mandal and another .v. Maharashtra Agriculture Education
and Research Council and another)
WITH
WRIT PETITION NO. 5384 OF 2017
(Manav Sewa Pratisthan and another .v. Maharashtra Agriculture Education and Research
Council and another)
Office Notes, Office Memoranda of Coram
appearances, Court's orders or directions Court's or Judge's Orders
and Registrar's orders.
Shri S.V. Sohoni, Advocate for the petitioners in WP No.5333/2017.
Shri A.S. Kilor, Advocate for the petitioners in WP No.5351/2017.
Shri K.N. Shukul, Advocate for petitioners in WP No.5384/2017.
Shri A.R. Patil, Advocate for respondent No.1.
Ms. N.P. Mehta, AGP for respondent Nos.2 and 4.
CORAM : B.P. DHARMADHIKARI AND
ARUN D. UPADHYE, JJ.
16TH AUGUST, 2017.
The matters were heard in first half. This Court found
fault in petitioners' contentions that they were not aware of
deficiencies or lacunae and the same needed to be pointed by
them expressly by the authority inspecting their establishments.
This Court, thereafter also found fault in handling of the matter by
respondent No.1. Without adherence to Sections 41 to 44 of the
Maharashtra Agricultural University Act, 1983, the orders
removing names of the petitioners and prohibiting them from
participating in admission process were passed.
This Court, therefore, expressly observed that the
office of respondent No.1 and the petitioners appeared to be
acting against the interest of the students.
We adjourned the matter to second half to enable the
Maharashtra Agriculture Education and Research Council to make
proper submission before this Court.
Shri Badhe, the learned Counsel appearing on behalf
2 1608wp5333.17
of the Maharashtra Agriculture Education and Research Counsel
in all the matters submits that accordingly he had a talk with Shri
Nagargoje, Director of the said authority. Though the orders
cannot be withdrawn, if the respective petitioners make a
statement that they would remove deficiencies/lacunae within
stipulated time, the admission of students can be allowed.
This statement made upon instruction from Shri
Nagargoje fortifies casualness in approach.
Hence, keeping our observation on record and
warning the authorities with severe consequence, if such conduct
is repeated in future, we permit the petitioners to admit students
and for that purpose we direct the respondents to take necessary
steps forthwith.
The contentions raised by the petitioners are kept
open and they are given opportunity to make appropriate
representations to the said authority and also to Dr. Punjabrao
Deshmukh Krishi Vidyapeeth. It they make suitable
representation within a period of two weeks from today, the
authority shall consider it as per law within next four weeks.
It is made clear that it is also open to the petitioners to
demonstrate that no lacunae/deficiencies exist and they have
already cured it.
With these observations, we partly allow the petitions
and dispose of the same. No costs.
JUDGE JUDGE
*rrg.
