Syed Noorulameen Syed Ameer Ali v. The State Of Maharashtra Through Its Secretary And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 110 WRIT PETITION NO.11710 OF 2022 SYED NOORULAMEEN SYED AMEER ALI

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr.L.H.Kawale h/f Ms.Deepali Wagh, Advocate for the petitioner. Mr.S.G.Karlekar, AGP for the respondent/State. Mr.A.D.Aghav, Advocate for respondent No.2.

( CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.) DATE : DECEMBER 01, 2022 PER COURT :

1.

The petitioner has rushed to this Court seeking an injunctory order against respondent No.4, which is Sharda College, Parbhani, in order to mandate the College not to supply the personal information of the petitioner to respondent No.4, who has submitted an application on 12.09.2022. The petitioner submits that the University has referred the issue to the College and the College has called upon the petitioner to submit his say. The learned Advocate submits that such a say has been tendered to the College on 01.10.2022. No orders have been passed until this date.

khs/Dec.2022/11710

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A writ of mandamus would not be issued when a statutory, efficacious remedy is available to the petitioner. The authorities would be competent to pass appropriate orders.

3.

Since Mr.Aghav, the learned Advocate is on the panel of respondent No.2/University, we requested him to assist the Court in this matter.

4.

As such, let respondent No.2/University consider the reply of the petitioner as well as the judgment relied upon by him in Girish Ramchandra Deshpande Vs. Central Information Commissioner and others [(2013) 1 SCC 212]. Needless to state, if any adverse order is passed, the petitioner is at liberty to avail of a statutory remedy as is permissible under the Right to Information Act. ( SANJAY A. DESHMUKH, J. ) ( RAVINDRA V. GHUGE, J.) khs/Dec.2022/11710