Sane Guruji Shikshan Sanstha Thru Secretary And ANR. v. State Of Maharashtra Through Secretary Of Dept. Of Higher Education And ORS.

501.CAW2138.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2138 OF 2019 IN WRIT PETITION NO. 335 OF 2019 1 Sane Guruji Shikshan Sanstha & Ors.

... Applicants Vs 1 State of Maharashtra & Ors.

... Respondents Mr. S.S. Kanetkar for the Applicants.

Mr. V.M. Mali, AGP, for the Respondent Nos.1 to 4. Mr. Mahesh Subramaniam i/b S.V. Pitre for the Respondent No.5. Dr. Ganpat More, Education Officer, Zilla Parishad, Pune. CORAM : S.C. DHARMADHIKARI & G.S. PATEL, JJ.

THURSDAY, 19TH SEPTEMBER, 2019 P.C. :

The papers in this matter were directed to be produced simply because of the apprehension of Mr. Kanetkar that the petitioner-Management is being forced to assign duties to the fifth respondent in the face of the interim order passed in this petition.

SRP 1/2

501.CAW2138.19.doc The order passed by this Court is clear and there was no occasion for the concerned official to have issued any direction or insisted on the Management to assign duties to the fifth respondent. The communication that was issued on 15th June, 2019, according to Mr. Mali, learned AGP, was under a misconception and there is no intentional or deliberate act. Hereafter the concerned statutory officials will not insist on assigning any duties to the fifth respondent during the pendency of the writ petition. Having accepted this statement, made on instructions by Mr. Mali, we close the matter and do not issue any notice in contempt nor do we take further steps against the Education Officer.

Needless to clarify that the petitioner is at liberty to institute any proceedings, civil and/or criminal, in the event any amounts have been deducted from the grants or aid admissible to the petitioner by the fifth respondent.

The Civil Application, accordingly, stands disposed of. G.S. PATEL, J.

S.C. DHARMADHIKARI, J.

SRP 2/2