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2012 Supreme(Bom) 376

N.M.JAMDAR, A.M.KHANWILKAR
The President, Sind Educatonists Association – Appellant
Versus
Registrar, University of Mumbai – Respondent


Advocates appeared:
For the Petitioners:Arvind Kothari, Advocate. For the Respondents:R1, Rui Rodrigues, Advocate, R2, Jasbir Saluja, A.G.P.

Judgment :-

A.M. Khanwilkar, J.

Heard the counsel for the parties.

2. Rule. Respondents waive notice. Rule is made returnable forthwith by consent.

3. As short question is involved, petition is taken up for final disposal forthwith by consent.

4. This writ petition under Article 226 of the Constitution of India is to challenge the State Government Resolution dated 13th October, 2011 and the Circular issued by the Mumbai University dated 8th November, 2011, as well as the consequential communication issued under the signature of Deputy Registrar (Concol Unit) of University of Mumbai vide letter dated 6th January, 2012 rejecting the petitioners’ request to grant approval to the appointment of Dr. Ashok G. Wadia as an Incharge Principal of the college.

5. The petitioners assert that petitioner No. 1 was established on 8th July, 1948 by Sindhi speaking Trustees (linguistic minority in the State of Maharashtra). The college run by petitioner No. 1 Association has been recognised as minority institution. Therefore, the Managing Board of petitioner No.1 resolved to appoint an employee of the college as Incharge Principal against the outgoing Principal of the college, Dr. Kirti Narain, wh























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