Ajanta Shikshan Sanstha, Aurangabad v. State Of Maharashtra And Others

(1) W.P. No. 6647 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Writ Petition No. 6647 of 2015 Ajanta Shikshan Sanstha, Through its Secretary, Prakash s/o. Baburaoji Kale, Age : 61 years, Occupation : Agriculture, R/o. Vikas Nagar, Aurangabad.

.. Petitioner.

versus

1. The State of Maharashtra, Through its Secretary, Education Department, Mantralaya, Mumbai.

2. The Director of Higher Education Department, Pune Region, Pune.

3. The Joint Director of Higher Education, Aurangabad Region, Aurangabad.

4. The Registrar, Dr. Babasaheb Ambedkar Marathwada University, Aurangabad.

.. Respondents.

.........................

Mr. M.S. Taur, Advocate, holding for Mr. A.N. Kakade, Advocate, for the petitioner. Mr. V.H. Dighe, Assistant Government Pleader, for respondent nos.1 to 3.

Respondent no.4 served (Absent).

(2) W.P. No. 6647 of 2015 ..........................

CORAM : S.S. SHINDE & A.M. BADAR, JJ.

DATE : 31ST AUGUST 2015 ORAL ORDER (Per S.S. Shinde, J.) :

1.

Heard learned Counsel appearing for the petitioner, and the learned Assistant Government Pleader for respondent nos.1 to 3. 2.

Perused the pleadings in the petition and annexures thereto. 3.

In our opinion, this petition is premature, inasmuch as, without making comprehensive representation to the respondent - State, this petition is directly filed seeking writ of mandamus. It is not desirable while exercising writ jurisdiction to issue directions to the Respondents - Authorities, even without there being notice of demand to the Respondents - Authorities.

4.

In that view of the matter, we grant liberty to the petitioner, to make comprehensive representation to the Respondents - Authorities for redressal of his grievance, which is raised in this petition, within a period of two weeks from today. Upon receiving such representation, we direct the Respondents - Authorities to consider and take final decision on the said representation / application, as expeditiously as possible, however, within three months from receiving such application / representation.

(3) W.P. No. 6647 of 2015 Needless to observe, that while applying to the Respondents - Authorities, petitioner will adhere to the procedure prescribed and will file application through concerned University.

5.

With the above observations and directions, the petition stands disposed of.

( A.M. BADAR ) ( S.S. SHINDE ) JUDGE JUDGE ................................

puranik / WP6647.15