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Bombay High CourtWP/3692/2025disposed off

Urdu Education Society, Akola Thr. President, Moibullha Khan Fakrullha Khan Patel And ANR. v. Dy. Director Of Education Amravati Division, Amravati And ORS.

2025-07-16Hon'Ble Shri Justice Nitin W. Sambre , Hon'Ble Shri Justice Sachin S. Deshmukh2 pages

2025:BHC-NAG:6853-DB 121.WP.3692.2025.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 3692 OF 2025 Urdu Education Society, Akola through its President & Anr. Vs.

Dy. Director of Education, Amravati Division, Amravati & Ors. ____________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S.N. Tapadia, Advocate for the Petitioners. Mr. N.S. Rao, AGP for Respondent Nos.1 & 2.

CORAM : NITIN W. SAMBRE AND SACHIN S. DESHMUKH, JJ. DATE : 16 th JULY, 2025.

P.C.

Heard.

2.

The challenge is to the order dated 23rd January, 2025, whereby the senior-most teacher Smt. Shagupta Ajaj Khan is given authority and powers to sign the bills and also to administer the educational institution run and managed by the petitioner No.1. 3.

The issue about the status of the petitioner as a Trustee is already subjudiced before the Assistant Charity Commissioner. 4.

The said proceedings are pending consideration and the petitioner No.1, being a minority institution under Rule 3 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short, "MEPS Rules"), has a right to choose the head of the institution of its choice.

5.

That being so, having regard to the existing dispute inter se amongst the Trustees as regards the management of the Trust, the powers which are entrusted to the senior-most teacher

121.WP.3692.2025.odt 2/2 appear to be in tune with the provisions of Rule 3 of the M.E.P.S. Rules.

6.

Apart from above, the order impugned is passed keeping in mind the pendency of the inter se dispute amongst the Trustees. That being so, at present, no interference is called for in the order impugned.

7.

However, it shall be open for the petitioner or that of the In-charge Headmaster to seek regular placement in case, change report proceedings attain finality.

8.

The petition accordingly stands disposed of. No costs. (SACHIN S. DESHMUKH, J.) (NITIN W. SAMBRE, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 17/07/2025 17:49:35