St. Xaviers Education Trust New Bombay And ORS. v. The Director Of Education Secondary And Higher Secondary Edu. And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE WRIT PETITION NO. 5175 OF 2016 St. Xaviers Education Trust New Bombay and Ors.

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Petitioners

Versus

The Dierctor of Education, Secondary and Higher Secondary Education and anr.

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Respondents Mr. Pravin Samdhani a/w Mr. Satyam Vora a/w Mr. Darshit Jain a/w Mr. Sohil Gandhi i/by M/s.Markand Gandhi & Co. for the petitioners. Mrs. M.P. Thakur, AGP for the State.

CORAM : SHANTANU KEMKAR & RANJIT MORE, JJ.

DATED : APRIL 28, 2016.

P.C.

1.

Rule. Rule is made returnable forthwith and by consent of the parties, heard finally at the stage of admission itself. 2.

Parties through their counsel.

3.

Being aggrieved by the order dated 4.4.2016 passed by the Director of Education by which administrator was appointed for running the petitioner school and junior college, petitioner had filed an appeal before the concerned Minister. The grievance of the petitioner is that against the said order, the petitioner has filed an appeal along with an application for stay before the concerned

Minister. But the Minister is on foreign tour and as such the petitioner is unable to get any interim order from him. The learned AGP for the State has submitted that in fact the detailed order was passed on 16.4.2016 by the Director of Education and not on 4.4.2016 as stated by the petitioner.

4.

In view of the aforesaid submissions, the learned counsel for the petitioners submits that he will appropriately amend the memo of appeal and application for stay as according to him the said detailed order has not been served upon the petitioner till date. Be that as it may, the petitioner may amend the memo of appeal filed before the Minister and application for stay. The amendment to be carried out within ten days from today. Keeping in view the fact that it is not disputed by the learned AGP that the Appellate Authority (concerned Minister) is on foreign tour and he will be coming back to the country on 30.4.2016, by way of interim protection, we direct the respondents not to take physical possession of the school and the Junior College run by the petitioners and maintain status quo in regard to the running of the school and the junior college till the petitioner's application for stay is heard and decided by the concerned Minister. The concerned Minister is requested to decide the application for stay as

expeditiously as possible. Till the decision on this application for stay, the petitioners are also permitted to operate the back account of the Trust only to the extent of payment of salary to the staff as also in regard to the day to day expenses necessary for running of the school. With the above directions, petition is disposed of.

Rule is discharged accordingly.

C.C. as per the rules.

(RANJIT MORE,J.) (SHANTANU KEMKAR, J.)