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2010 Supreme(Bom) 1581

S.A.BOBDE, A.B.CHAUDHARI
Murlidhar s/o Janrao Kale – Appellant
Versus
State of Maharashtra, through Secretary, School Education Department – Respondent


Advocates Appeared:
For the Petitioners:S.W. Sambare, Advocate.
For the Respondents: R1 to R3, P.D. Kothari, AGP.

Judgment

A.B. CHAUDHARI, J.

1. Heard. Rule. Rule returnable forthwith. Heard finally by consent of the learned Counsel for the rival parties.

2. The present petition involves the following two questions:

(i) Who is the authority to decide which trustee or a board of trustee or groups of trustees or persons connected with the trust are entitled to administer the Trust, its institutions or schools or colleges and whether the Deputy Director of Education or any other Education Authority will have jurisdiction to decide such issue or authorize the trustees or board of trustees or group of trustees to look after the administration of the schools run by a Trust pending disposal of the change reports before the Assistant Charity Commissioner or even in case of dispute?

(ii) Whether there is any power with the Deputy Director of Education or any other Education Authority or the Education Officer to withdraw the administrative or financial powers of head of the institutions/schools and authorize any other or senior most teacher from the same school and if so, in what circumstances?

3. There is no dispute that Sategaon Education Society, Sategaon is a registered Society/Trust under the pro



































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