Gondia Education Society, Gondia, Thr. Secretary Rajendra Hiralal Jain v. State Of Maharashtra Through Secretary, General Administration Dept., Mumbai And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4987 OF 2016 Gondia Education Society, Gondia thr.its Secretary -vsState of Maharashtra, thr.its Secretary, General Administration Deptt.and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr. B.G.Kulkarni, counsel for the petitioner. Mrs.H.N.Prabhu, AGP for the respondent Nos.1 to 3. Mr. P.B.Patil, counsel for the respondent No.4. CORAM : SMT. VASANTI A NAIK & MRS. SWAPNA JOSHI, JJ.

DATE : 29.11.2016.

Heard.

By this writ petition, the petitioner has sought a direction against the respondent Nos.1 to 4 to treat the each of the colleges established by the petitioner-Society as an independent entity and treat the post of the principal in each of the said colleges as a single isolated post.

The learned counsel for the petitioner states that the issue involved in this case is no more res integra, as the Hon'ble Supreme Court and this court has held time and again that each of the colleges run by an educational society would be considered as an independent entity and the post of principal in each of the said colleges would be a single isolated post.

Mrs. Prabhu, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 3, does not dispute the position of law. It is stated that the respondent Nos.1 to 3 have admitted in their reply that the issue involved in this case stands answered in favour of the petitioner. It is stated that the cause of action for filing the writ petition would not survive, as the government has now issued

2/2 wp4987.16 a resolution dated 23/09/2016 thereby accepting the position, as canvassed on behalf of the petitioner.

In view of the statements made in the affidavit-in-reply as also the policy laid down by the government resolution dated 23/09/2016, the grievance of the petitioner stands redressed. Hence, the writ petition is disposed of with no order as to costs. JUDGE JUDGE KHUNTE