JUDGMENT - DESHPANDE M.S., J.:---By this writ petition under Article 226 of the Constitution, the petitioner seeks a direction quashing the order dated 3rd August, 1988 (Annexure-VI) passed by the respondent No. 1 Director of Education taking over the management of the schools run by the petitioner-Mandal, under section 3 of the Maharashtra Educational Institutions (Management) Act, 1976 (for short 'the Act'), which was confirmed by the State Government in appeal on the ground that no proper opportunity of showing cause against the intended action had been given to the petitioner and for declaring the provisions of section 3 of the Act ultra vires the Constitution.

2. The petitioner is registered society under the Societies Registration Act, as also under the Bombay Public Trusts Act, and runs 14 schools in the districts of Chandrapur Nagpur and Yavatmal, and imparts education from Vth Standard to XIIth Standard, i.e., Secondary and Higher Secondary Education. The Charity Commissioner had instituted Civil Suit No. 5 of 1961 under section 50 of the Bombay Public Trusts Act against the petitioner-Chanda Shikshan Prasarak Mandal for removal of its members, for framing a scheme in super

Click Here to Read the rest of this document