Nehru Shikshan Sanstha, Pashan, Pune And ORS. v. State Of Maharashtra And ORS.

17-wp 12562-17 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12562 OF 2016 Nehru Shikshan Sanstha, Pashan, Pune & Ors.

..Petitioners Vs.

State of Maharashtra & Ors.

..Respondents WITH CIVIL APPLICATION NO.3067 OF 2016 IN WRIT PETITION NO.12562 OF 2016 Shri. Ravindra Hiralal Kale & Anr.

...Applicants/ Interveners In the matter between Nehru Shikshan Sanstha, Pashan Pune & Ors.

...Petitioners

Vs.

State of Maharashtra & Ors.

..Respondents Ms. Manjiri Parasnis for the Petitioners.

Mr. V.N. Sagare, AGP for Respondent nos.1 to 3 in writ petition no.12562 of 2017.

Mr. S.V. Pitve for applicants in CA No.3067 of 2016. ----- CORAM :

B.R. GAVAI AND RIYAZ I. CHAGLA, JJ.

DATE : 7th JULY 2017 ORDER:

1.

This writ petition challenges the concurrent orders passed by the Director of Education, thereby appointing an Administrator on Saint Gora Kumbhar High School & Junior College and on

17-wp 12562-17 Nageshwar Vidyalaya, Nimone, under the management of petitioner no.1 and the order passed by the State Government dated 9th May 2016 thereby dismissing the appeal filed by the petitioners.

2.

Ms. Parasnis, learned counsel appearing on behalf of the petitioners, submits that the order passed is not a speaking order and does not take into consideration the grounds which were raised in support thereof.

3.

We have perused the impugned orders. A perusal of the order passed by the Director of Education, which is confirmed by the Hon'ble Minister, would reveal that there are serious charges against the management. It has been found that the management is in the habit of terminating the teachers without following due procedure as prescribed under the law. It has also been found that though the post of Headmaster has become vacant, no steps have been taken to fill up the said post. The Director of Education has also found that the petitioners' management has indulged in financial irregularities. In that view of the matter, it cannot be said that the view taken by the authorities cannot be said to be perverse.

4.

The petition is, therefore, rejected.

5.

In view of the disposal of the Writ Petition, the Civil Application is also disposed of.

[RIYAZ I. CHAGLA J.] [B.R. GAVAI, J.]