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2012 Supreme(Bom) 1043

R.D.DHANUKA, D.Y.CHANDRACHUD
Jyotirling Education Society – Appellant
Versus
Jai Hanuman Shikshan Sanstha – Respondent


Advocates appeared:
For the Petitioners:Venkatesh A. Shastry, Advocate.
For the Respondents:R1, S.S. Patwardhan with Ajay D. Magadum, R2 & R4, I.M. Khairdi, Advocates, R5 to R7, S.R. Sonawane, AGP.

Judgment :

(DR. D.Y. Chandrachud, J.)

Rule; with the consent of Counsel for the parties returnable forthwith. With the consent of Counsel and at their request the Petition is taken up for hearing and final disposal. The challenge in these proceedings is to an order dated 25 October 2010 passed by the Deputy Director of Education, Kolhapur Division, Kolhapur, by which the management of a Secondary School has been transferred from the Jyotirling Education Society (represented by the First Petitioner) to the Jai Hanuman Shikshan Sanstha (the First Respondent). The contention of the Petitioners is that the transfer has taken place in a manner contrary to the provisions of Clause 12 of the Secondary School Code. Petitioner Nos.2 to 4 are trustees of the First Petitioner. The Second Respondent and the Third Respondent are respectively, the President and the Vice President of the First Petitioner Trust. According to the Petitioners, the First Petitioner applied on 10 September 2007 for an increase in the number of divisions of the School. On 17 September 2007, the Deputy Director of Education sanctioned additional divisions for the 9th and 10th Standards subject to certain conditions stat









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