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MANGESH S. PATIL, ABHAY S. WAGHWASE
Nanasaheb Babasaheb Dharbale – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
MANGESH S. PATIL, J.
Heard. Rule. Rule is made returnable forthwith. At the joint request of the parties, the matter is heard finally at the stage of admission.
2. In this petition under Article 226 of the Constitution of India, the petitioners who are some of the members of the teaching and non-teaching staff of the respondent No. 6-College of Pharmacy being run by the respondent No. 5-management (hereinafter management) are challenging the order passed by the respondent No. 3 who is the Director of Technical Education (hereinafter DTE) refusing to take over the management of the respondent No. 6-college under the provisions of Section 3 of the Maharashtra Educational Institutions (Management) Act, 1976 ( hereinafter Educational Institutions Act), dated 10.02.2022.
3. Before we proceed to examine the sustainability and legality of the order under challenge it would be appropriate to narrate the history.
(a) The management is a Trust registered under the Maharashtra Public Trust Act, 1950 and Societies Registration Act, 1860 which has been running the respondent No. 6- College of Pharmacy for last around two and half decades. The petitioner Nos. 1 to 4 and few others filed Wr
The court emphasized the necessity of a reasoned order and compliance with statutory requirements for the takeover of educational institution management, ruling the Government's action as unlawful.
The taking over of management of private medical colleges under state law, aimed at regulating capitation fees, is constitutional as it serves public interest without contravening rights under Articl....
Management transfers and closures of educational institutions are governed by different statutory provisions; minority status institutions are entitled to protections that prevent unwarranted state i....
The right of minority institutions to establish and administer educational institutions includes the right to appoint staff, which cannot be restricted by government regulations.
Educational institutions cannot have their management taken over unless there is substantial proof that their operations have been mortgaged.
The Transfer of Management Act 1971 requires strict adherence to procedural safeguards, including the right to a fair hearing, before any drastic action such as transferring management can be taken a....
Minorities Educational Institution - Establishment and administration of - Minority Educational Institutions under Article 30(1) of Constitution of India have a right to appoint teaching staff includ....
Christ College, Cuttack is recognized as a minority educational institution under the Odisha Education Act, 1969, and related state communications attempting oversight of its management were quashed.
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