The main legal point established in the judgment is that private unaided engineering colleges, despite not receiving financial aid from the Central or State Government, were under the control of the State Government, and therefore, the Election Commission could requisition their staff for election duties.

JUDGMENT :

S.C. DHARMADHIKARI, J.

1. By these petitions under Article 226 of the Constitution of India, the petitioners are challenging communications from the Election Commission of India dated 15/24-7-2019 and 23-8-2019. Copies of these communications are annexed as Exhibits "K" and "L" to the memo of Civil Writ Petition (Stamp) No.25419 of 2019.

2. Since both the petitions project identical questions of law and fact, they were heard together and, therefore, are being disposed of this common Judgment. We proceed to issue Rule in both petitions. The respondent Nos.1 and 5 waive service. The respondent Nos.2 to 4 are formal parties. However, an affidavit in reply has been filed on behalf of respondent Nos.3 and 4 in Civil Writ Petition No.8300 of 2019. Hence, on the basis of the petitions and the annexures thereto, by consent, Rule is made returnable forthwith.

3. The petitions are filed by the Association of the Managements of Polytechnics and others and the Association of the Managements of Unaided Engineering Colleges (Maharashtra) and others. We take the facts from the writ petition of the Unaided Engineering Colleges. The first petitioner therein is described as an Association of the Managements of Private Unaided Engineering Colleges in Maharashtra. It is registered as a Society under the Societies Registration Act, 1860 and also as a public trust under The Bombay Public Trusts Act, 1950. Annexed as Exhibits "A" and "B" are copies of the Registration Certificates. The first petitioner says that it is concerned for its Members who are unaided engineering colleges situated in different parts of the State of Maharashtra. The members of the first petitioner are private unaided engineering Colleges. They have been established over the last 20-30 years and have a total intake of about 1,00,000 students per year. They are conducting full time professional degree courses in engineering and technology with prior approval of the All India Council for Technical Education ("AICTE"), recognition of State Government and affiliation of respective Universities. The members of the first petitioner do not receive any aid from the Government and their funding is through the fees received from trust funds. The second petitioner is a member of the first petitioner and the third petitioner is a citizen of India, and an office bearer of the second petitioner.

4. The first respondent before us is the Election Commission of India which is entrusted with the duty of conducting and supervising free and fair elections within the territory of India. The second respondent is the Election Commissioner of the State of Maharashtra entrusted with the duty of conducting and supervising free and fair elections within the territory of the State of Maharashtra. The forthcoming State Legislature elections will be held under the supervision of the first and the second respondents. While the third respondent is the Chief Electoral Officer, the fourth respondent is the Voter Registration Officer. The fifth respondent before us is the State of Maharashtra through its Principal Secretary, Department of Higher and Technical Education.

5. The members of the first petitioner are engaged in providing college education to students and for that purpose they set up necessary facilities and employ requisite teaching and non-teaching staff. It is stated that the second petitioner, Jawahar Education Society, Thane, was granted permission to establish an engineering institute on a permanent unaided basis. There is a Government Resolution dated 30-6-2012 based on which this permission has been granted vide letter dated 18-7-2012. At Exhibit "D" is a copy of this letter. The letter in categorical terms states that the petitioner No.2 before us applied for grant of permission and that was considered. The petitioner was communicated that the AICTE granted recognition for commencement of an engineering institute from the academic year 2012-13. Bearing in mind that approval, the petitio