Social And Cultural Association Kusumbe Through Its President Anil Mahadu Choudhari v. The State Of Maharashtra And Others

wp6382.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 6382 OF 2016 Social and Cultural Association Kusumbe .. PETITIONER

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. V.D. Hon, Senior Counsel, instructed by Mr. A.V. Hon, advocate for petitioner.

Mr. P.S. Patil, AGP for the State.

===== CORAM : R.M. BORDE & K. L. WADANE, JJ.

DATE : 21st JUNE, 2016.

PER COURT :

1.

Leave to delete name of respondent no. 4.

2.

This petition can be disposed of by issuing direction to respondent no. 2 to take decision on the proposal tendered by petitioner-trust for making appointments in the educational institution. It is informed that as a result of certain disputes between the management, the B.C. Cell has refused to deal with the proposal and no orders have been passed. Infact, it is not for the Assistant Commissioner of the B.C. Cell to look into the dispute between different fractions of management and the concerned authority is to deal with only the issue in respect of observance of policy of reservation by the institution while making appointment. 3.

In the facts of the case, writ petition stands disposed of with direction

wp6382.16.doc to respondent no. 2 to take decision on the proposal for verification of the roaster for its approval, as expeditiously as possible, preferably within a period of three months from today. It is clarified that merely because directions are issued to respondent no. 2 for verification of the roaster and for its approval, it shall not be construed as expression of opinion by this Court in respect of entitlement of petitioner to make appointments and, the instant order shall have no bearing on the disputes between different fractions of the management, if the same is yet pending. Writ petition stands disposed of.

( K. L. WADANE ) ( R. M. BORDE ) JUDGE JUDGE dyb