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Bombay High CourtIA/835/2021disposed off

Zaid Naeem Shaikh, The Chairman Union Education Society v. Begum Kamrunnissa Karigar Girls High School And Junior College, Solapur And Other

2021-03-23Hon'Ble Shri Justice Surendra Pandharinath Tavade,Hon'Ble Shri Justice S.C. Gupte2 pages

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1. IA 835-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.835 OF 2021 by Rajesh V.

Chittewan Date: 2021.03.24 16:56:38 +0530 IN WRIT PETITION NO.10260 OF 2018 Shri Zaid Naeem Shaikh ...

Applicant

Versus

Begum Kamrunnissa Karigar Girls High School & Junior College And Others ...

Respondents ....

Rajesh V.

Chittewan Mr. Ashutosh M. Kulkarni for the Applicant/Review Petitioner. Mr. V.M. Mali, AGP for Respondent Nos.1 to 2-State. Mr. Jagdish G. Reddy for original Petitioner No.1. Mr. Manoj Harit i/b M/s M.J. Harit & Co. for original Petitioner No.2. ....

CORAM : S.C. GUPTE AND SURENDRA P. TAVADE, JJ.

DATE : 23 MARCH 2021 P.C.

:

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Heard learned Counsel for the parties.

This review/recall application seeks to set aside the order passed by this Court on 10 February 2021 disposing of the writ petition. After hearing learned Counsel for the parties, by consent, following

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1. IA 835-21.doc order is passed :

(i) In addition to the directions given in paragraph 2 of the order dated 10 February 2021, following directions shall form part of the order :

The Deputy Director, whilst processing the Petitioner's application and taking appropriate decision on it, shall also extend an opportunity of hearing to the review petitioner/applicant herein (Shri Zaid Naeem Shaikh). This shall be without prejudice to the rights and contentions of the original Petitioners that the review petitioner/applicant has no locus to make any representation on behalf of the management of Petitioner No.1-school, since he is not even a member of the trust managing the school. It is also clarified that the review petitioner/applicant, subject to his locus being established, shall be at liberty to place all facts and documents before the Deputy Director in support of his case that the school committee is in existence and that there is therefore no case for acting under the Government communication dated 30 October 1996. All rights and contentions of the parties in that behalf are kept open. (ii) The Interim Application is disposed of in the above terms. (SURENDRA P. TAVADE, J) (S.C. GUPTE, J.)