Cp And Berar Education Society Thr ... vs State Of Maharashtra Thr Its ...
2017 Latest Caselaw 3976 Bom

 0407WP6270.11-Judgment                                                                         1/3


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR.


                     WRIT PETITION NO.    6270   OF    2011



 PETITIONERS :-                 1] C. P. & Berar Education Society, through its
                                   President, Mahal, Nagpur. 

                                2] Sanjay Krishnarao Hambarde, Aged about :
                                   36 years, Occupation : Service, R/o Bhagwan
                                   Nagar, Nagpur.                     


                                         ...VERSUS... 


 RESPONDENTS :-                  1] State of Maharashtra, Through its Secretary,
                                    Education Department, Mantralaya, Mumbai
                                    - 400 032. 

                                 2] Director of Higher Education, Pune - 1.   


                                 3] Joint   Director,   Higher   Education,   Nagpur
                                    Division, Nagpur.   

                                 4] Rashtrasant   Tukdoji   Maharaj   Nagpur
                                    University, through its Registrar, Nagpur.



 ---------------------------------------------------------------------------------------------------
                 Mr.A.D.Mohgaonkar, counsel for the petitioners.
     Mr.H.R.Dhumale, Asstt.Govt.Pleader for the respondent Nos.1 to 3.
                              None for the respondent No.4.
 ---------------------------------------------------------------------------------------------------


                                        CORAM : SMT. VASANTI    A    NAIK & 
                                                    ARUN  D. UPADHYE
                                                                     ,   JJ.

DATED : 04.07.2017

0407WP6270.11-Judgment 2/3

O R A L J U D G M E N T (Per Smt.Vasanti A Naik, J.)

By this writ petition, the petitioners had challenged the

order of the Joint Director of Higher Education, Nagpur dated

18/11/2011, directing the petitioner No.2 to join on the post of

registrar in R.S.Mundle Dharampeth Arts and Commerce College as the

post of registrar in C.P.and Berar College, Nagpur where the petitioner

No.2 was working, was declared excess.

We had admitted the writ petition and granted interim

relief in favour of the petitioners. At the relevant time, this court had

prima facie found that the post on which the petitioner No.2 was

working in C.P. and Berar College, Nagpur could not have been

declared as excess.

However, it is brought to the notice of this court by the

learned counsel for the parties that during the pendency of the writ

petition, the strength of the students in C.P. and Berar College had

dwindled and the post of the registrar on which the petitioner No.2 is

working is rendered surplus. It is therefore fairly stated on behalf of the

petitioners that the petitioner No.2 is ready to comply with the

impugned order and join the duties as a registrar in R.S.Mundle

Dharampeth Arts and Commerce College.

0407WP6270.11-Judgment 3/3

Shri Dhumale, the learned Assistant Government Pleader

appearing for the respondent Nos.1 to 3, states on instructions that the

post of registrar in R.S.Mundle Dharampeth Arts and Commerce College

is still vacant and the petitioner No.2 is free to join his duties on the

said post, immediately.

Hence, by accepting the statements made on behalf of the

parties, we dispose of the writ petition with no order as to costs.

                        JUDGE                                        JUDGE 


 KHUNTE