Dismissed

Rachandra Gena Devkar v. the State of Maharashtra, through Its Secretary and Ors.

Bombay HC1 Oct 2019WP/4506/2018

Case brief

AI extract

What is this about?

Petitioner, founder member of an educational society, sought permission from the Court to register an FIR against individuals accused of fabricating records to affect faculty workload and surplus status. The Court held that mandatory permission for filing an FIR is not required.

What did the court decide?

Permission to register an FIR denied; Writ Petition dismissed.

Rachandra Gena Devkar Vs the State of Maharashtra… — Education and Admissions | Bombay HC (2019)

¶1

(17) WP 4506-18

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶3

Amk

¶4

WRIT PETITION NO. 4506 OF 2018

¶5

Ramchandra Gena Devkar Vs.

¶6

The State of Maharashtra & Ors.

¶7

.. Petitioner

¶8

.. Respondents

¶9

Mr. Kaustubh Thipsay for the Petitioner. Mr. K. S. Thorat, AGP for Respondent Nos.1 to 3.

¶10

CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J. DATE : 1 st OCTOBER, 2019.

¶11

P. C. :

¶12

This is a very funny Petition.

¶13

The Petitioner pleads that he is founder member of Shelgaon Shikshan Prasarak Mandal, Shelgaon, a society which has established various educational institutions one of them being a Junior College at Shelgaon. It is pleaded that one Shri Tanaji Bhagwat Kakade, who was Ex-Principal, has resorted to fabrication of the record. It is pleaded that in the year 2013-14 one Siddheshwar Mule was Principal of the Junior College who on 30.08.2013 supplied online information concerning enrollment of students. Based thereon the workload was finalized. Eight full time teaching posts were approved. It is pleaded that as per the information provided no student had opted for the subject Political Science. Therefore, the workload for the said subject was treated as nil.

¶14

1/2

¶15

(17) WP 4506-18

¶16

It is pleaded that based thereon, the Deputy Director of Education approved the workload and sanctioned teaching and non teaching staff to the College. It is pleaded that one Shri A. B. Kamble was working as a Teacher in the discipline of Political Science in the said college. He was declared as surplus. He was directed to join Sant Damaji College, Mangalvedha, District-Solapur. It is pleaded that Shri Kamble with the support of Shri Kakade fabricated the record with the object that Shri Kamble continues to serve at the Junior College in Shelgaon. It is pleaded that when the said fabrication came to the notice of the Petitioner, a representation dated 27.11.2017 was made to the Respondents.

¶17

Grievance is to the said representation not being decided.

¶18

In the representation, permission sought is to register an FIR.

¶19

Now, if the Petitioner, who is founder member of the society which has established the institution, has knowledge and material to prove the falsification of the record, he may proceed to lodge FIR. No permission is warranted.

¶20

The Petition is dismissed.

¶21

[SMT. BHARATI DANGRE, J.]

¶22

[CHIEF JUSTICE]

¶23

2/2

Rachandra Gena Devkar v. the State of Maharashtra, through Its Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Rachandra Gena Devkar v. the State of Maharashtra, through Its Secretary and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Joaquim Sebastian D'Costa Vs Union Oif India and 2 Ors.

Shri. Pandurang Abhimanyu Patil and Ors. Vs Shri. Sitaram S/O. Janardhan Kunte, the Principal Secretary and Ors.

Priyanka Madhukar Desle Vs State of Maharashtra and Anr.

Prasad J Satam Vs Vijay a Gosrani and 31 Ors.

Prasad J Satam Vs Vijay a Gosrani and 31 Ors.

Ms. Prajakta Shitalkumar Shah Vs State of Maharashtra Thorugh Its Secretary and Ors.