Adiwasi Satpuda Shikshan Prasarak Mandal Dhadgaon Dist Nandurbar Thru President H B Valvi v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6171 OF 2018 ADIWASI SATPUDA SHIKSHAN PRASARAK MANDAL, DHADGAON DIST. NANDURBAR, THROUGH ITS PRESIDENT

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. M. V. Salunke h/f. Mr. Salunke V. D.

AGP for Respondents : Mr. K. B. Jadhavar ...

CORAM: S. V. GANGAPURWALA & ANIL S. KILOR, JJ.

DATE:

rd SEPTEMBER, 2019 PER COURT:

1.

We have heard Mr. Salunke, learned counsel for the petitioner.

2.

It is not disputed that the Administrator is appointed over the petitioner / institution. In view of that, the petitioner cannot be represented through the President.

3.

Respondent no. 3 herein is appointed as Administrator on the petitioner institution. The

2 wp 6171.18 affidavit is filed by the Assistant Project Officer, Integrated Tribal Development Project, Taloda, District - Nandurbar. Paragraph no. 9 to 11 of the affidavit reads thus - "9.

I say and submit that, those Administrator will look after the functioning of the institution to provide the amenities and facilities to the students and will give report after every 15 days to the other Inspector Shri. Sunil Gokul Gangurde, this report will be the part of the application.

10.

I say and submit that, now this will be done within 15 days and it will be seen that all the facility are provided to the students of all 7 Ashram schools. The facilities which are provide to the students must be conveyed to the Administrator and care should be taken that no student shall be left for education due to the financial reasons.

11.

I say and submit that, now as the Project Officer has been appointed, we will give priority to this work and amount will be allotted on the Joint Account of the administrator. That Project Officer has submitted the letter dated 17.7.2018 to the Additional Tribal Commissioner for appointment of Administrator. The copy of the letter dated 2.8.2018 is annexed herewith and marked as EXHIBIT-R-2."

4.

As far as the release of the payment of the grant in aid for the year 2014-2015, 2015-2016 for the seven Ashram Schools run by the petitioner institution as per the order dated 07.09.2017,

3 wp 6171.18 12.01.2018 is concerned the Administrator shall look into the same and shall take steps as is permissible for the grants, if sanctioned for the year 2014-2015, 2015-2016. The steps shall be taken immediately in that regard. The Administrator shall thereafter take decision with regard to the allocation of the funds that may be received for grant in aid for the year 2014-2015, 2015-2016.

5.

With these observations, the writ petition is disposed of. No costs.

[ANIL S. KILOR, J.] [S. V. GANGAPURWALA, J.] marathe