Ishwar Dnyanoba Nagargoje And Others v. The State Of Maharashtra And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.3614 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.S.S.Deshmukh, advocate for the Petitioners. Mr.G.K.Naik Thigle, Addl. Govt. Pleader for the State. Mr.R.J.Godbole, advocate for Respondent No.7. CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.

Date : 04.03.2015.

PER COURT :

1.

Heard.

2.

Mr.Deshmukh, learned counsel for the petitioners states that the Director of Education on 1.6.2013, had directed to conclude the action pursuant to the inspection report submitted. The staff is undergoing atrocity at the hands of the Management. The Grampanchayat has also made representation to the Education Officer. On 26.11.2013, inspection has been carried out by a team of Block Education Officer, Parli-Vainath and Education Extension Officer, Ambejogai. According to the learned counsel, no action is taken by the Respondents for dececognising Respondent No.7. 3.

Mr.Godbole, learned counsel for Respondent NO.7 submits that allegations made in the petition are incorrect.

4.

Mr.Patil, learned Addl. Govt. Pleader states that affidavit is filed by the Deputy Education Officer and it is stated that Deputy Director of Education is ceased with the matter and appropriate action in accordance with law is being taken by the Deputy Director of Education. According to the learned counsel, the provisions of Right to Education Act, is also being resorted. 5.

We have considered the submissions. The petitioner has made following prayers :

"B) By issuing a writ of mandamus, or any other appropriate writ, order or direction, it may be directed to the respondent authorities to conclude the action withdrawing the recognition of the school allegedly run by the respondent No.7 in the name and style as Yamaidevi Madhyamik Vidyalaya, Injegaon, Tq.Parli Vaijnath, Dist.Beed with immediate effect. C) By issuance of a writ of mandamus or any other appropriate writ, order or direction, it be directed to the respondent authorities to initiate action including criminal action for proved fraud, misappropriation and forgery by the respondent No.7 management."

6.

In view of the affidavit filed that the proceedings have been initiated against Respondent No.7, it would not be appropriate to consider the contentions of the parties on merits. The proceedings which are initiated should be taken to its logical end, of-course, by

adhering to the provisions of law and following the principles of natural justice. The whole process shall be completed within a period of six (6) months.

7.

The Writ Petition is disposed of. No costs.

(V.L.ACHLIYA,J.) (S.V.GANGAPURWALA,J.) Dt..04.03.2015.

asp/office/wp3614.14