Vivekanand Shikshan Sanstha, ... vs The State Of Maharashtra, ...
2023 Latest Caselaw 4347 Bom

                                                             Judgment wp 2753.2019.odt




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

                     WRIT PETITION NO. 2753 OF 2019

    Vivekanand       Shikshan     Sanstha,
    ADYAL, Tah. Paoni, Dist. Bhandara,
    registered at Registration No.E-73(a)
    as per the provisions of the                          .. Petitioner
    Maharashtra Public Trust Act; through
    its President - Shri.Satyawan Namdeo
    Ajabale

                           Versus
 1. The State of Maharashtra, Education
    Department (Secondary), Mantralaya
    MUMBAI; through its Secretary
 2. The Deputy Director of Education,
    Nagpur Division, NAGPUR
 3. The Education Officer (Secondary),                 .. Respondents
    Bhandara Zilla Parishad, BHANDARA
 4. Swami Vivekanand Vidyabhavan &
    Kanishth Mahavidyalaya, ADYAL,
    Tah.Paoni, Dist.Bhandara; through its
    Head Master -Shri.Vishnudas Shriram
    Jagnade

Mr. S. G. Jagtap Advocate and Mr.Sayajee Jagtap, Advocate for
petitioner.
Ms. S. S. Jachak, A.G.P. for respondent Nos.1 to 3.



                      CORAM         :   A. S. CHANDURKAR AND
                                        M. W. CHANDWANI, JJ.

                      DATED         :   27/04/2023

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                                                                        Judgment wp 2753.2019.odt

ORAL JUDGMENT (Per : A. S. Chandurkar, J.)

Rule. Rule is made returnable forthwith. Heard

learned counsel for the parties.

(2) The challenge raised in the present writ petition is

to direction No.4 issued by the Education Officer(Secondary), Zilla

Parishad, Bhandara on 12/06/2017, thereby dissolving the School

Committee that had been formed by the management at the

respondent No.4 - School.

(3) After notice was issued in the writ petition, the

Education Officer (Secondary) has filed his affidavit and in paragraph

6 it has been stated as under :-

"6. In that view of the matter, the impugned order dated 12.06.2017 passed by the respondent no.3 dissolving the committee as there being a dispute in the trust is without any authority and the power rest with the Charity Commissioner under Section 41(a) of the Bombay Public Trusts Act, 1940."

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Judgment wp 2753.2019.odt

(4) In view of the aforesaid stand taken by the

Education Officer(Secondary), direction No.4 of the order dated

12/06/2017 is set aside. Needless to state that consequences of

setting aside direction No.4 would follow. It is open for the

management to constitute a fresh School Committee in accordance

with law.

(5) Rule made absolute in aforesaid terms.

[ M. W. CHANDWANI, J. ] [ A. S. CHANDURKAR, J. ]

KOLHE

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