Dr. Shridhar Sawant Vidyamandir Govern By Jay Bharat Shikshan Sanstha v. State Of Maharashtra Thr Principal Secretary And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 640 OF 2025 Dr. Shridhar Sawant Vidyamandir Govern By Jay Bharat Shikshan Sanstha ... Petitioner V/s.
State of Maharashtra & Ors.
... Respondents Digitally signed by DINESH SADANAND SHERLA Date:
2025.07.24 19:18:21 +0530 DINESH SADANAND SHERLA ---------------- Mr. Sandesh Shukla, Ms Anasamah Sayed, Mr. Vivek Patil , Mr. Devesh Sawant, Mr. Amol Thorat, Adv. Afsar Angari and Ms Sayali Patil i/b M/s. Vivek Patil and Associates for the Petitioner.
Mr. N.C. Walimbe, Addl.G. P. with Mr. V.G. Badgujar, AGP for the Respondent Nos.1 to 3/State.
Mr. Suresh M. Kamble for Respondent No.4. in WP/640/25, Respondent No.1 in WP/9152/21 and Respondent No.2 in WP/4776/22.
Mr. Nilesh Desai for the Petitioner in WP/4776/22. ----------------
CORAM
:
M.S. KARNIK & N.R. BORKAR, J.J.
DATE :
24th JULY, 2025.
P.C.
1.
Heard learned counsel for the petitioner.
2.
On the last occasion, Mr. Kamble, learned counsel for the respondent No.4 placed on record a copy of the communication dated 3rd May 2025 wherein the Principal, Government Polytechnic, Kolhapur informed the Administrative Officer, Primary Education Committee, Municipal Corporation, Kolhapur to get a report regarding structural stability of the School by conducting various tests like Rebound Hammer, Ultra Sound Velocity, Rebar Locator and Carbonation and thereafter a report could be 1/3
furnished. Mr. Kamble therefore, submitted that the Government College of Engineering, Karad, Dist. Satara or Walchand College of Engineering, Sangli be requested to give a report regarding structural stability as per communication dated 3rd May 2025.
3.
Learned counsel for the petitioner submitted that there was already a report of Jaykumar (Nejdar & Associates) dated 11th October 2024 indicating that whatever changes were required to be made in the School have been carried out and the structure is stable. Learned counsel is therefore submitted that there is no reason to call for further report. 4.
In the light of the communication dated 3rd May 2025 and as the question of safety of students is involved, we deem it appropriate to request the Walchand College of Engineering, Government Colony, Vishrambaug, Sangli Miraj Kupwad, Maharashtra to prepare a structural stability report in terms of requirements as contained in communication dated 3rd May 2025 of the Principal, Government Polytechnic, Kolhapur. The fees for structural stability report shall be borne by the petitioner.
5.
A copy of this order along with communication dated 3rd May 2025 be furnished to the Dean-Principal, Walchand College of Engineering, Sangli to take further steps in this regard. The report be submitted within a period of two weeks from today.
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6.
There is a some dispute in the management. Presently, the management is looked after by the petitioner and the Head Master who was given the User-Id and Password to use Saral Platform is not cooperating. In this view of the matter, respondent No.4 - Administrative Officer, Primary Education Board, Kolhapur Municipal Corporation, Kolhapur to provide the User-Id and Password of Saral Platform to the petitioner to enable them to submit information regarding the names of the students on the Saral Platform.
7.
An objection is raised by Mr. Kamble that despite specific directions not to admit the students, the petitioners have admitted the students. We make it clear that the petitioner shall not claim any equities on the basis of such arrangements. It is made clear that if the structural stability report goes against the petitioner, this Court will be constrained to pass appropriate orders considering the interest of the students.
8.
List on 8th August 2025. The ad-interim relief, which is already operating, to continue till the next date. (N.R. BORKAR, J.) (M.S. KARNIK, J.) 3/3