Balasaheb Vitthalrao More v. The State Of Maharashtra Through Its Chief Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 WRIT PETITION NO.10944 OF 2023 BALASAHEB VITTHALRAO MORE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS CHIEF SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Santosh S. Jadhavar AGP for Respondents State: Mr. V. M. Kagne

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 6th September, 2023 ORDER:

1.

This case has peculiar facts. The Petitioner is the President of Chhatrapati Sambhajiraje Shikshan Prasarak Mandal, Khandala, Taluka Tuljapur, District Osmanabad who has approached this Court with the following prayers:

(B) By issuing writ of mandamus or any other appropriate writ order or direction, respondent No.2 and 3 may kindly be directed to hold a detail inquiry into the grievance raised by the petitioner regarding illegal appointments of respondent No. 5 to 9 in the Junior College namely Matoshri Trivenibai More Arts and Science College, Kakramba, Taluka Tuljapur, District Osmanabad and to cancel approvals granted to the appointments of respondent No. 5 to 9 by orders dated 10.06.2016 and 24.07.2019.

(C) Pending hearing and final disposal of present Writ Petition, respondent No. 2 and 3 may kindly be restrained from sanctioning and disbursing grant in aid as against the posts occupied by respondent No. 5 to 9 in Matoshri Trivenibai More Arts and Science College, Kakramba, Taluka Tuljapur, District Osmanabad.

2.

It is canvassed that there are several employees working in the institution, more specifically the Junior College namely Matoshri Trivenibai More Arts and Science College, Kakramba, Taluka Tuljapur, District Osmanabad, who have manufactured appointment orders and have orchestrated their selection and have also been granted approval. 3.

It is surprising, as to how can so many employees manufacture their appointment orders, have been granted approval and are working, in the backdrop of the contention of the Petitioner, who is Chairperson of the Society, that they have manufactured appointment orders.

4.

We call upon the learned Advocate for the Petitioner to take instructions as to whether the Petitioner has registered any FIR in the light of his contention that Respondent Nos. 5 to 9 have created bogus records. He answered on instructions that no such FIR is registered.

5.

The learned AGP informs us that the Divisional Deputy Director of Education, Latur Division has taken a decision in the light of the records available on a complaint of the Petitioner and has concluded that all the appointments are in order. The appointments of these Respondents have been sustained and the approvals granted are held to be in order.

6.

The communication dated 06.09.2023 alongwith the Order (5 pages) is taken on record and collectively marked as ' X' for identification.

7.

In view of the above, nothing would survive in this Petition and the same is, therefore, disposed off.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan