Vidyasagar Shikshan Prasarak Mandal And ANR v. The State Of Maharashtra And ORS

J.R.Mane 1 15-WP-2380-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2380 OF 2023 Vidyasagar Shikshan Prasarak Mandal And Anr ...

Petitioners.

V/S.

The State Of Maharashtra And Ors ...

Respondents.

ALONGWITH INTERIM APPLICATION (ST)NO.28125 OF 2023 .......

Mr.Vinod Sangvikar a/w. Ms.Nikita Bhosale i/b. Mr.Sachin Deshmukh for the Petitioners.

Mr.R.P.Kadam AGP for Respondent Nos. 1 to 3.

Mr.S.M.Bhavar a/w. Mr.Anilkumar Patil for the Respondent No.4. .......

CORAM : NITIN JAMDAR, AND MANJUSHA DESHPANDE, JJ.

DATE :

12 October 2023.

P.C. :

The Petitioner has come before this Court challenging the communication dated 22 September 2022 whereby Respondent No.2-Deputy Director of Education, Nashik has directed JYOTI RAJESH MANE Respondent No.3-Education Officer to submit the proposal for Digitally signed by JYOTI RAJESH MANE Date:

2023.10.19 18:05:00 +0530 appointment of an Administrator. This is in view of the complaints made by Respondent No.4-Mr.Vithoba Dhandhan, this petition is filed in December 2022 and is still pending.

J.R.Mane 2 15-WP-2380-23.doc The Learned counsel for the Petitioner filed an Interim Application and by way of the said application one more proposal dated 11 September 2023 is sought to be brought on record. This proposal refers to series of complaints made by Respondent No.4 stating that in spite of various illegalities no action has been taken against the Petitioner. Thereafter again the proposal is sent by the Education Officer - Secondary to Respondent No.2 - Deputy Director Education, Nashik. Therefore, it is for one year all that we have is a proposal for appointment of an Administrator. If the Respondent authorities are serious about the appointment of an Administrator, they should take prompt action or if they are not so serious, then they should close the proceedings. So as to protect the interest of all the parties, we direct that on the proposal, if any final order is to be passed against the Petitioner, then the Petitioner will be given adequate advance notice also an opportunity to Respondent No.4 and only thereafter necessary orders as per law will be passed.

With these observations the Interim Application and the Writ Petition are disposed of.

(MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)