Bombay High Court
Maniyar Gramin Shikshan Prasarak ... vs The State Of Maharashtra And Ors on 6 November, 2017
Bench: R.V. Ghuge
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IN THE HIGH COURT OF JUDICATUR OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 6758 OF 2006
1. Manyar Gramin Shikshan
Prasarak Mandal, Golegaonwadi,
Tal. Loha, Dist. Nanded
Through it's Secretary,
Basawraj Sangappa Belapure,
Age. 36 Years, Occu. Service,
R/o. C/o. Manyar Gramin Shikshan
Prasarak Mandal, Golegaonwadi,
Tal. Loha, Dist. Nanded at present
R/o. Khadalwal Palza,
Vazirabad Nanded.
2. Manyar Gramin Shikshan
Prasarak Mandal, Golegaonwadi,
Tal. Loha, dist. Nanded
Through it's President,
Sou. Mukta W/o. Maroti Jodtalle,
Age-27 yrs, Occu- household,
R/o. Palam Road, Loha Dist. Nanded. ...Petitioners.
VERSUS
1. State of Maharashtra.
2. Deputy Director of Education,
Latur Division, Latur.
3. Education Officer,
Zilla Parishad, Nanded.
4. Assistant Charity Commissioner,
Nanded Division, Nanded.
5. Priyadarshini Shikshan Prasarak
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Mandal, Kalka, Tal. Kandhar,
Dist. Nanded.
6. Hanumant Motiram Kendre,
Age. 42 Years, Occu. Business,
R/o. Golegaonwadi, post. Golegaon,
Tal. Loha, Dist. Nanded.
7. Venkat Khemaji Karad,
Age. 37 Years, Occu. Business,
R/o. Shellali, Post: Ambulga,
Tal. Loha, Dist. Nanded.
8. Manik Rukmaji Gitte,
Age: 44 Years, Occu. Business
R/o. Shellali, Post : Ambulga,
Tal. Loha, Dist. Nanded.
9. Madhukar Govind Musale,
Age: 35 Years, Occu. Business
R/o. Golegaonwadi, post: Golegaon,
Tal. Loha, Dist. Nanded.
10. Subhash Sonba Jaybhaye,
Age: 42 Years, Occu. Business
R/o. Ramachi Wadi,
Tal. Loha, Dist. Nanded.
11. Balaji Maroti Kendre,
Age: 42 Years, Occu. Business,
R/o. Shellali, Post : Ambulga,
Tal. Loha, Dist. Nanded.
12. Chandrakant Eknathrao Kendre,
Age: 35 Years, Occu. Business,
R/o. Golegaonwadi, Post: Golegaon,
Tal. Loha, Dist. Nanded.
13. Arjun Rakhmaji Gitte,
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Age: 50 Years, Occu. Business,
R/o. Shellali, Post : Ambulga,
Tal. Loha, Dist. Nanded. ...Respondents.
Advocate for Petitioners : Shri V.J. Dhage.
AGP for Respondent No. 1and 2 : Mr. Y.G. Gujrathi.
CORAM : RAVINDRA V. GHUGE &
SUNIL K. KOTWAL, JJ.
Dated : 06th November, 2017
ORAL JUDGMENT :
1. The petitioner Educational Institution is aggrieved by the
order dated 14/08/2006, passed by the Deputy Director of
Education, Latur Division and the consequential order dated
22.08.2006, passed by the Education Officer, Nanded Nagar
Parishad, by which, the school operated by the petitioner was
transferred to respondent No. 5.
2. The petitioner has put forth its prayers in paragraph 39
(B) to (H) which read as under :
(B) The order dated 14-08-2006, passed by the learned
Deputy Director of Education, Latur division, transferring
the Mankarna Prathamik Shala Navi Vasahat Loha, in
favour of the respondent no. 5, may please be quashed
and set aside.
(C) The order dated 22-08-2006, passed by the learned
Education Officer, Zilla Parishad, Nanded, transferring
the Mankarna Prathamik Shala Navi Vasahat Loha, in
favour of the respondent no. 5, may please be quashed
and set aside.
(D) The respondent no. 5, may please be restrained
from interfering in the management of Mankarna
Prathamik Shala Navi Vasahat Loha.
(E) Appropriate enquiry and Criminal Proceedings may
please be initiated, against the persons, submitting the
forged and fabricated documents, to the respondent no. 2
and 3.
(F) The sale deed/notarized documents, transferring
the Mankarna Prathamik Shala Navi Vasahat Lohac to the
respondent no. 5, may please be declared void, and the
petitioners may please be declared as the institution
entitled to manage the Mankarna Prathamik Shala Navi
Vasahat Loha.
(G) Pending hearing and final disposal of the present
writ petition, the effect. operation and execution, of the
order dated 22-08-2006, passed by the Education Officer,
Nanded Nagarparishad, transferring the Mankarna
Prathamik Shala Navi Vasahat Loha, Dist. Nanded, may
please be stayed.
(H) Pending hearing and final disposal of the present
writ petition the respondent no. 5, may please be
restrained from interfering in the management of
Mankarna Prathamik Shala Navi Vasahat Loha."
3. When, this matter was heard by this Court on
29/09/2006, interim relief in terms of prayer clause 'G' and 'H'
were granted in favour of the petitioner. Consequentially, the
said school is being operated by the petitioner for the last eleven
years during the pendency of this petition.
4. On 13/07/2011, this Court admitted the petition and
confirmed the interim relief.
5. We have considered the strenuous submissions of the
learned counsel for the petitioner and the learned AGP on behalf
of respondent Nos. 1 and 2.
6. We find from the record that the petitioner has been
operating the said school from the academic year 2000-2001. It
was out of an internal dispute and the internal squabbles of the
members of the executive body, that some of the members
resigned and that led to a dispute in the governing body of the
Educational Institution.
7. Considering the above and keeping in view the interim
relief granted by this Court more than eleven years ago, we do
not find that the circumstances in which the impugned orders
were passed in the year 2006, might continue to exist even
today. This Court had stayed the impugned orders upon being
prima facie, convinced that the same are unsustainable.
8. In the light of the above and taking into account the fact
that the petitioner have been conducting the said school for
more than eleven years after the grant of interim relief, this
petition is partly allowed. The impugned orders dated
14/08/2006 and 22/08/2006 are quashed and set aside.
9. Needless to state, the respondent Nos. 2 and 3 authorities
would be at liberty to consider the present facts and
circumstances pertaining to the Mankarna Prathmik Vidyalaya,
Loha and after giving an opportunity of hearing to the
petitioners, may review the situation if deemed necessary. The
interests of the students shall be of prime importance.
10. Rule is made absolute in the above terms.
( SUNIL K. KOTWAL, J. ) ( RAVINDRA V. GHUGE, J. )
S.P.C.
