Quashed

Khandesh Education Society Amalner through Its Chairman Mohan Balaji Satpute and Another v. the State of Maharashtra and Others

Bombay HC21 Jun 2016WP/4890/2016

Case brief

AI extract

What is this about?

The High Court quashed a stay order on a no objection letter relating to filling teaching vacancies. The court directed the appointment of an expert committee by the University for selections and validated appointments made by the college principal under this order, clarifying that the decision did not resolve internal management disputes.

What did the court decide?

Stay order on no objection letter quashed. Directives issued for appointment of expert committee by University and validation of appointment letters issued by Principal.

Khandesh Education Society Amalner through Its… — Education and Admissions | Bombay HC (2016)

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wp4890.16.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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WRIT PETITION NO. 4890 OF 2016

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1.	Khandesh Education Society at Amalner, Tq. Amalner District Jalgaon Through its Chairman Mohan Balaji Satpute age 52 years, occ. Business r/o Amalner, Tq. Amalner dist. Jalgaon.
2.	Pratap College, Amalner Tq. Amalner, Dist. Jalgaon Through its Principal Dr.lalchand Avachit Patil age 63 years, occ. Service r/o Amalner, Tq. Amalner Dist. Jalgaon.	.. PETITIONERS
VER	SUS
1.	The State of Maharashtra Through the Secretary for Higher and Technical Education Mantralaya, Mumbai
2.	The Director, Higher and Technical Education Maharashtra State, Pune.
3.	The Joint Director, Higher and Technical Education Jalgaon Region, Jalgaon Dist. Jalgaon
4.	The North Maharashtra University through its Registrar	..RESPONDENTS
5.	Dr. Bapurao s/o Shridhar patil Age 72 years, occ. Medical Practitioner r/o navinya Hospital New Plot Amalner, Tq. Amalner, Dist. Jalgaon	.. INTERVENER

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wp4890.16.doc

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Mr. A. V. Hon, advocate for petitioners.

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Mr. S.Y. Mahajan, AGP for the State. Mr. Y.B. Bolkar, advocate for respondent no 4

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Mr. V.J. Dixit, Senior Counsel instructed by Mr. Vijay Deshmukh, advocate for intervenor.

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=====

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CORAM : R.M. BORDE & K. L. WADANE, JJ. DATE : 21^st JUNE, 2016.

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ORAL JUDGMENT : ( PER R. M. BORDE, J. )

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Rule. Rule made returnable forthwith.

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Heard finally with the consent of learned counsel for the respective parties.

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Petitioners are objecting to the communication issued by the Jt. Director, Higher Education, Jalgaon Region, Jalgaon informing that the Director of Higher Education has accorded stay to the letter of no objection issued by the Jt. Director, Higher Education. The order directing stay to the earlier communication according no objection has been issued by the Director on 20.04.2016 which order appears to have been communicated on 21.04.2016.

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There appears to be some dispute between two fractions claiming control over the affairs of the management. It also does appear that the Director has intervened in the matter at the instance of applicant in Civil Application No. 8148/2016. There is no dispute on the issue that there are vacancies in respect of teaching staff which are required to be filled in. On

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consideration of request made by the Principal of the college, the Assistant Commissioner B.C. Cell, Nasik Division, Nasik has verified the roaster and permitted the management to fill in the vacancies of the teaching staff. Merely because petitioner no. 1 who claims himself as Chairman of the institution has taken initiative, the action appears to have been objected by the other fraction claiming control over the affairs of the management. Interse disputes between the two fractions of the management shall not lead to sacrifice of the educational activities which is of prime importance.

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In view of peculiar facts and circumstances of the case, we deem it appropriate to quash the communication issued by the Jt. Director, Higher Education, Jalgaon Division, Jalgaon on 21.04.2016 and the order passed by the Director of Education on 20.04.2016 staying operation of the no objection letter issued by the Jt. Director, Higher Education, Jalgaon. The selection for making appointments to the post of teaching staff shall be made by expert committee appointed by the University for the aforesaid purpose and, the letters of appointment shall be issued under the signature of petitioner no. 2 – Principal of the college. Such letter of appointment issued under the order of this court by petitioner no. 2 shall be construed valid for all practicable purposes. It is clarified that merely because this Court has entertained the petition, it shall not be construed as expression of opinion by this Court in respect of entitlement of petitioner no. 1 to control the affairs of the management and, the issue if any, pending before the Charity authority shall be dealt with by the concerned authority. The decision in respect of control over the affairs of the management or any

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change report proceeding shall be dealt with by the concerned authority without being influenced by the interference caused by this Court in the instant petition. Rule made absolute. No costs.

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( K. L. WADANE ) ( R. M. BORDE ) JUDGE JUDGE dyb

Khandesh Education Society Amalner through Its Chairman Mohan Balaji Satpute and Another v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Khandesh Education Society Amalner through Its Chairman Mohan Balaji Satpute and Another v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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