Jalgaon Zilla Maratha Vidya Prasarak Sahakari Samaj Through Its Honoorary Secretary v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.6036 OF 2015 WITH CIVIL APPLICATION NO.8279 OF 2015 Jalgaon Zilla Maratha Vidya Prasarak Sahakari Samaj, Jalgaon ...

PETITIONER

VERSUS

The State of Maharashtra & ors.

...

RESPONDENTS .....

Shri V.D. Hon, Senior Counsel with Shri A.D. Shinde, Advocate for petitioner Shri V.M. Kagne, A.G.P. for State Shri P.P. Chavan, Advocate for respondents No.3 to 5 Shri A.B. Kale, Advocate for respondent No.6 and 7 .....

CORAM:

R.M. BORDE AND A.I.S. CHEEMA, JJ.

DATED:

29th January, 2016.

ORAL ORDER :

1.

It is not a matter of dispute that, by virtue of the order passed by the State Government under the provisions of Maharashtra Educational Institutions (Management) Act, 1976, an Administrator has been appointed to take over the management of the three colleges since 16.6.2012. The initial

period of appointment of three years came to an end on 15.6.2015. However, thereafter the State Government, by issuing a separate order, directed extension of the term of the Administrator until issuance of further orders in that behalf. It is thus clear that the Administrators are Incharge of the affairs of the three colleges in pursuance to their initial appointments on 16.6.2012.

2.

Mr. Kale, the learned counsel appearing for contesting respondent does not dispute this position and states that, the affairs of the three colleges are being administered by the Administrators appointed in pursuance to the orders passed by the State Government on 16.6.2012 as on today. It is also not a matter of dispute that the term of the Administrators appointed under the orders of the State Government is yet to expire. After expiration of the term of the Administrator, they shall have to take steps in accordance with the provisions of the Act of 1976. At this stage, no cause of action has accrued for raising any grievance in respect of administration of the affairs of the three Colleges. The petition is premature and as such, stands disposed of.

3.

It is clarified that, the Administrator is incharge of the

affairs of the three institutions, it goes without saying that all the activities connected with the three colleges are conducted by the Administrator and no further orders in that behalf are necessary. 4.

In view of disposal of the Writ Petition, Civil Application No.8279 of 2015 does not survive and same stands disposed of.

(A.I.S. CHEEMA, J.) ( R.M. BORDE, J.) fmp/wp6036.15