Shri Krishna Shikshan Prasarak Mandal, Solapur And ORS. v. State Of Maharashtra Through Its Secretary, Social Welfare And Special Assistance Dept. And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATTE JURISDICTION WRIT PETITION NO.6247 OF 2016 Krishna Shikshan Prasarak Mandal, Solapur and Others

...Petitioners

vs.

State of Maharashtra and Others

...Respondents

Mr. V.S. Deokar a/w. Ms. Ujawala Karpe, for the Petitioners Mr. Vikas Mali, AGP for the Respondent-State. CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATE :

SEPTEMBER 06, 2016 P.C.:

.

Parties through their counsel.

2.

Today when the matter came up before hearing, the learned counsel for the Petitioners submit that this Petition can be disposed of by directing Respondent No. 3 - Chief Executive Officer, Zilla Parishad, Solapur to allow the Petitioners to submit the documents except document No. 2 mentioned in the communication dated 18th June, 2015 (Exhibit 'R').

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3.

According to the Petitioners, the Petitioners will be appearing before the Chief Executive Officer, Zilla Parishad, Solapur along with all the documents which are available with them in terms of the said letter dated 18th June, 2015. The only submission of the Petitioners is that as regards the document No. 2 that since the Petitioners have stepped into the shoes of earlier Institute which was having recognition, the documents regarding recognition are not available with the Petitioners. However, as the Zilla Parishad itself has permitted the Petitioners to run the hostel, insistence of the Chief Executive Officer, Zilla Parishad to produce the certificate of recognition is not appropriate.

4.

Having considered the submissions made by the learned counsel for the parties, we are inclined to dispose of this Petition by directing the Petitioners to appear before the Chief Executive Officer, Zilla Parishad, Solapur on 21st September, 2016 along with all the relevant documents with written submission in regard to the difficulty in submitting the document No. 2.

5.

On that day or immediately thereafter the Chief Executive 2/3

Officer after giving opportunity of hearing to the Petitioners shall take appropriate decision in regard to the Petitioners' claim and in case the Petitioners are found to be eligible, the necessary consequential benefits flowing from the decision as may be taken by the Zilla Parishad be also extended to the Petitioners. 6.

Let the entire exercise be completed within a period of two months from the date of appearance of the Petitioners before the said authority.

7.

With the aforesaid, the Petition stands disposed of. (MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.) 3/3