IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 5956 OF 2024 Mahatma Jyotiba Phule Shikshan Prasarak Mandal -Vs- State of Maharashtra WITH PUBLIC INTEREST LITIGATION NO. 21 OF 2022 Sunanda Tulshiram Waghmare Vs. State of Maharashtra and ors.

WITH WRIT PETITION NO.1304 OF 2022 WITH WRIT PETITION N.1702 OF 2022 WITH WRIT PETITION NO.6372 OF 2023 Megha Madhusudan Padalkar and ors. Vs. State of Maharashtra and ors.

WRIT PETITION NO.3043 OF 2023 Shubham Madhukar Hake Vs. Mahatma Jyotiba Fule Shikshan Prasarak Mandal -------------------------------------------------------------------------------------------------------------

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

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Mr. Rajendra Deshmukh, Senior Adv. a/w Mr.Kunal Kale, Vishal A.Chavhan , i/b Mr.Nilesh B. Kalwaghe, counsel for the petitioner/s. in WP No.5956 of2024 and in PIL of 21 of 2022, W.P.6372 of 2023,1702 of 2022,3043 of 2023 and 1304 of 2022 for respondents.

Mr. S.D.Chande, counsel for the petitioner in PIL No.21 of 2022, W.P.No.1702 of

2022, 3043 of 2023, 6372 of 2023.

Mr. C.S.Dharmadhikari counsel for the petitioner in WP No.1304 of 2022 Ms. Sangita S.Jachak, Addl.GP for respondent-State.

CORAM: NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATE : 29th April, 2025.

WRIT PETITION NO. 5956 OF 2024

1.

We have heard Mr. Deshmukh, learned Senior counsel appearing for the petitioner.

2. The Assistant Government Pleader submits that since, the original record from the respondent State Government is awaited, the government be granted time to file not only the affidavit-in-

reply but also for production of original record.

3.

The request is opposed by the learned Senior counsel in lieu of embargo created by this Court’s order dated 26/03/2025.

4. According to him, the School which was shifted by the petitioner and being operated in Osmanabad district is neither de-recognised nor the affiliation is being cancelled. It is claimed that the School was in a running condition, however, but for want of students, the School was permitted to be shifted.

5. Prima facie, we are not in agreement with the contentions raised by the learned Senior Advocate Mr. Rajendra Deshmukh that in the given eventuality, even for want of students if the School is shifted to another district or Division, it will be contrary to the Apex Court Judgment.

6. Be that as it may, we by way of last chance, grant time till 13^th June, 2025 to the respondent-State Government to file affidavit in reply and also for production of original record for perusal of this Court. We make it clear that in case, if the respondent Nos.1 to 8 except No.7 fails to file reply by the aforesaid time period, each of the respondent will be saddled with the costs of Rs.25,000/- and an adverse entry in their service record shall be taken.

7. We make it clear that we have not gone into the merits of the matter. The aforesaid clarification is made in view of the submissions made by the learned Senior Counsel that the earlier arrangement including that of non admission of the students in the coming academic Session shall exists.

8. Stand over to 20/06/2025 along with all connected matters.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.)