Vidya Vikas Mandal Lakhandur ... vs State Of Maharashtra Through Its ...
2017 Latest Caselaw 9576 Bom

              wp4175of2013.odt                                                                          1/4

                          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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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

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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