Lokmanya Tilak Jankalyan ... vs The State Of Maha., Thr. Director, ...
2023 Latest Caselaw 8492 Bom

2023:BHC-NAG:12474-DB


                                                            1                                     26.WP.3168-2022.odt




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

                                      WRIT PETITION NO. 3168 OF 2022
        ( Lokmanya Tilak Jankalyan Shikshan Sanstha, Thr. Its Secretary, Nagpur
                                       & Ors.
                                         Vs.
                  The State of Maharashtra, Thr. Its Director & Ors. )

         Office Notes, Office Memoranda                         Court's or Judge's orders
         of Coram, Appearances, Court's
         orders     or    directions and
         Registrar's orders


                                 Mr. Anand Parchure, Advocate for the Petitioners.
                                 Mr. N.S. Rao, AGP for the Respondents/State.




                                 CORAM:        AVINASH G. GHAROTE AND
                                               URMILA JOSHI-PHALKE, JJ.

DATED : 21st AUGUST, 2023

Heard Mr. Parchure, learned counsel for the petitioners and Mr. Rao, learned AGP for the respondents/State.

2. Mr. Rao, learned AGP for the respondents/State, upon instructions and based upon the judgments in Writ Petition No. 5936/2022, Ankuran Shikshan Sanstha and another Vs. State of Maharashtra and another with connected matter, decided on 01.03.2023 and Canossa Society, Canossa Convent Mahakali Caves Road and Another Vs. Commissioner, Social Welfare, Directorate, Government of Maharashtra and Others, 2014 SCC OnLine Bom 536 para 29 , makes a statement, that the ban in the instant matter which is perceived by the respondent No. 3 while issuing the 2 26.WP.3168-2022.odt

impugned communication dated 07.04.2022 (page 73), based upon the Government Resolution dated 30.06.2017 (page 76), would not apply.

3. Without going into the merits of the petition, accepting the statement, the impugned order on the basis of the statement of the learned AGP for the respondents/State, is set aside and the matter is remitted back to the respondent No. 3 for considering the question of approval afresh of each of the petitioner Nos. 3 to 6 individually on a case to case basis and in case they satisfy the necessary requirements in that regard, to take a decision appropriate in that aspect.

4. It is also made clear, that in case the respondent No.3 finds that the requirements are not satisfied, it would be permissible for the respondent No.3 to decline to grant approval also.

5. The parties shall appear before the respondent No.3 on 28.08.2023 at 11:00 a.m., and no fresh notice is necessary for this purpose. The respondent No.3 shall decide the proceedings within a period of six weeks therefrom.

6. The Petition is accordingly allowed in the above terms. No costs.

( URMILA JOSHI-PHALKE, J.) (AVINASH G. GHAROTE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 22/08/2023 18:03:10