Lord Buddhas Sariputra Gyaan Prasarak Shikshn Sanstha, Thr. President Shri Puranchandra K. Meshram v. State Of Maharashtra, Through Department Of Education, Mumbai And Others

2025:BHC-NAG:411-DB 1 947.wp.8136.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.8136/2019 Lord Buddha's Sariputra Gyaan Prasarak Shikshan Sanstha, Bramhapuri Vs.

State of Maharashtra and Ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Tejal Agre, Advocate h/f. Mr. S. P. Bhandarkar, Advocate for Petitioner.

Ms S. S. Jachak, A.G.P. for Respondent Nos.1 to 3/State. Mr. Sanket Walde, Advocate h/f. Mr. O. D. Kakde, Advocate for Respondent Nos.4 and 5.

CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : 14/01/2025.

.

A Trust through its President is before this Court with following prayers :

"It is therefore most humbly prayed that this Hon'ble Court may kindly be pleased to :- a) By an appropriate writ, order and/or direction, direct the respondents 1, 2 and 3 to initiate action against the respondent 4 for the illegal activities carried out at his behest; b) By an appropriate writ, order and/or direction, direct the respondents 1, 2 and 3 to confiscate the official records of the respondent 5 school from the illegal custody of respondent 4 and further restrain the respondent 4 from taking any illegal and major policy decision pertaining to the respondent school as well as the petitioner trust;

c) By an appropriate writ, order and/or direction, direct the respondents 1, 2 and 3 to initiate appropriate steps to withdraw the

2 947.wp.8136.19 approvals granted to the appointments made by the respondent 4 on basis of false and fraudulent documents showing false general body meetings and forging signatures of the president of the petitioner trust;

d) Grant any other relief to which the petitioner is entitled to in the facts and circumstances of the petition;

e) Saddle the cost of the instant petition on the respondents."

2.

As far as the employees in relation to whom the action is sought to be initiated are employees of the petitioner Trust, the petitioner Trust itself is a Disciplinary Authority and in such an eventuality, no interference is called for in the matter as it is for the petitioner to initiate the disciplinary action if so desires, against its employees. 3.

In case, if the other office bearers of the Trust are acting against the interest of Trust, there is a remedy provided under the provisions of the Maharashtra Public Trust Act, 1950 to which the petitioner's trustees, who are aggrieved, can always take recourse too.

4.

The petition accordingly stands disposed of with liberty to the petitioner to take recourse to such remedy as is permissible and available in law.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) RGurnule