Pankaj Subhash Mahajan And Others v. The State Of Maharashtra And Others

1 WP / 525 / 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 21 WRIT PETITION NO.525 OF 2019 PANKAJ SUBHASH MAHAJAN AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. M.S. Deshmukh h/f. Mr. Gite Umesh B. AGP for the respondent - State : Mrs. M.A. Deshpande Advocate for respondent no. 5 : Mr. V.D. Hon, Sr. Advocate h/f. Mr. A.V. Hon ...

CORAM

: MANGESH S. PATIL & SANDEEP V. MARNE, JJ.

DATE : 26 SEPTEMBER 2022 PC :

Heard learned advocate Mr. Deshmukh for the petitioner, learned AGP and learned senior advocate Mr. Hon for the contesting respondent.

2.

The petitioners are aggrieved by the communication dated 12-12-2017 (Exhibit - C) whereby the respondent - Deputy Director of Education granted stay to the approval granted to the petitioners' appointment on the sole ground that the dispute between the management was pending adjudication before the Assistant Charity Commissioner.

2 WP / 525 / 2019 3.

The learned senior advocate Mr. Hon, on instructions, submits that the dispute that was pending before the Assistant Charity Commissioner has been finally decided on 29-01-2021. 4.

Learned advocate Mr. Deshmukh for the petitioners vehemently submits that the Deputy Director of Education had no power and jurisdiction to examine the approvals granted in favour of the petitioners and that the petitioners intend to approach him and satisfy him about it.

5.

Without expressing anything on the merits as regards the legality of the approval granted in favour of the petitioners or the jurisdiction of the Deputy Director of Education to sit over it, we dispose of the writ petition by quashing and setting aside the impugned communication.

6.

The Deputy Director of Education may take his own decision in accordance with law after hearing the petitioners. [ SANDEEP V. MARNE ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/