Walandi Bahu Uddeshiya Shikshan Prasarak Mandal Through Its Secretary v. The State Of Maharashtra Through Its Secretary And Others

7-sr89.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1006 OF 2023 AND CIVIL APPLICATION NO.8708 OF 2024 Walandi Bahu Uddeshiya Shikshan Prasarak Mandal vs.

State of Maharashtra and ors.

---- Mr.A.V.Indrale Patil, Advocate for petitioner Mr.P.K.Lakhotiya, AGP for respondents ----

CORAM

:

R.G.AVACHAT AND ABASAHEB D. SHINDE, JJ.

DATE :

NOVEMBER 10, 2025 ORDER :- Heard.

2.

Since there was dispute between the Management and it was uncertain as to in whose control the affairs of the school was, this court vide order dated 09.03.2016 in Writ Petition No.2419 of 2015 with connected matter, had directed the concerned Education Officer to exercise his powers under Section 3 of the Maharashtra Educational Institutions (Management) Act, 1976. Pursuant to the said order, the Education Officer appointed Administrator for management of the affairs of the school. As per Section 3 of the Act, an Administrator

7-sr89 should be appointed for a period of not more than five years. Said period of five years has long been over. It is also informed by learned counsel for the petitioner that there is no dispute existed any longer, since one of the warring factions (then President) passed away. It has also been brought to our notice that the Asstt. Charity Commissioner, in exercise of the powers under Section 22A of the Maharashtra Public Trust Act, accepted the Change Report provisionally.

The order of acceptance of Change Report provisionally, was challenged before the Joint Charity Commissioner, who was pleased to set aside the order of the Asstt. Charity Commissioner. The order of the Joint Charity Commissioner was challenged in Writ Petition, which came to be allowed setting aside the order of the Joint Charity Commissioner, meaning thereby, the order passed by Asstt. Charity Commissioner accepting the Change Report, was restored and still holds the field. 3.

In the aforesaid changed scenario, the respondent - Director of Education shall have a re-look of the matter and decide the petitioner's claim for handing over the petitioner the management of the school. The Director of Education shall decide the petitioner's claim on its own merits within a period of four weeks from the date of receipt of a copy of this order. With these

7-sr89 directions, the Writ Petition stands disposed of. Pending Civil Application also stand disposed of.

[ABASAHEB D. SHINDE, J.] [R.G. AVACHAT, J.] KBP