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Bombay High CourtWP/1119/2015rejected at admission stage

Managing Committee, Alam Nawaz Jung Education Society, Jalna v. The State Of Maharashtra And Others

2015-02-09Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora2 pages

{1} wp 1119.15.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1119 OF 2015 Managing Committee, Alam Nawaz Jung Education Society, Jalna Petitioner

Versus

The State of Maharashtra & others Respondents Mr. Shripad S. Kulkarni advocate for the petitioner Mr. P.P.More, AGP for Respondent State Mr. C.V. Thombre advocate for respondent No.6 CORAM : R.M. BORDE & P.R. BORA, JJ Dated : 9th February, 2015.

PER COURT :- The petitioner is praying for vacating the order of appointment of Administrator to administer the affairs of the educational institution issued by the Director of Education in pursuance to the order issued by this Court in Writ Petition (Stamp)No.30460 of 2011) on 29.11.2011.

The petitioner is not in a position to satisfy us that the disputes between the parties in respect of their entitlement to exercise control over the management of the trust are resolved. Though the petitioner contends that, the elections of the trust are conducted in accordance with the directions issued by office of

{2} wp 1119.15.odt Charity Organization, the change report submitted by the petitioner post such election is objected to by the other side and as such it cannot be accepted that the disputes in the management of the trust have been resolved. In this view of the matter, the request made by the petitioner in the instant petition does not deserve consideration The petitioner contends that the Administrator, who is an employee of the Education Department, is not looking after the management of the education institution properly and that he has tendered certain complaints with the Deputy Director of Education and those are not attended.

It would be open for the petitioner to pursue complaints tendered by him to the Deputy Director of Education. The Deputy Director of Education shall look in to the complaints and may take appropriate action or issue suitable directions if deemed necessary.

Writ petition stands rejected.

(P.R. BORA, J) (R.M.BORDE, J) vbd