917.wp.1048.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

917 WRIT PETITION NO.1048 OF 2019

SAMATA SHIKSHAN SANSTHA PUNE THROUGH THE

SECRETARY VILAS ANANDA WAGH

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

…

Advocate for Petitioner : Mr. Vishnu Laxman Dhoble

AGP for Respondent: Mr. V. S. Badak

…

CORAM

:

PRASANNA B. VARALE

AND

S. M. GAVHANE, JJ.

DATE

:

7^th February, 2019

ORAL ORDER :

1.

Heard Mr. Dhoble, the learned counsel appearing for the

petitioner.

2.

A very limited grievance is raised in the petition. The

petitioner is an Education Society, approaching this Court through

Secretary of the Society. It is submitted before us that the petitioner-

Society runs a college, namely, Dr. Babasaheb Ambedkar of Social

Work, Morane (Nakane) Dhule, District Dhule. By inviting our

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attention to the documents placed on record, Mr. Dhoble learned

counsel submitted that on 16.08.2016, the petitioner society

approached the respondent No. 2 – Commissioner of Social Welfare,

Maharashtra State, Pune. It was submitted before the Commissioner

that the Society initially appointed one Shri Ravindra Shirsat in the

year 1997. As there were certain complaints, a show cause notice was

issued. Inquiry was conducted by following due procedure and in view

of the inquiry report, action was initiated against Mr. Shirsat. Mr.

Shirsat being aggrieved by that action approached the University and

College Tribunal by preferring an appeal. As the appeal was decided

against Mr. Shirsat, he approached this Court and was unsuccessful

even before this Court.

3.

The learned counsel Mr. Dhoble submitted that it was

specifically brought to the notice of the Commissioner that from year

2008-09, till submission of the application to the Commissioner in the

year 2016 due to the proceedings and non-appointment of a new

person in place of Mr. Shirsat, the academic activity of the College is at

sufferance. Mr. Dhoble submitted that with these appraisals,

respondent No. 2-Commissioner was requested to permit the Society to

appoint a new professor on a post falling vacant due to the action

initiated by the Society and upheld before various forum.

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4.

Then Mr. Dhoble invited our attention to the next

representation dated 18.05.2018. All the facts referred to above were

reiterated in the representation and in addition, it is stated in the

representation that there are two posts vacant in the College and as

per the Government policy at least 50% posts are to be filled in as such

the respondent authority was requested to permit the society to fill at

least one post out of these two vacant posts. The copy of these

representations dated 16.08.2016 and 18.05.2018 are placed on

record at Exhibit - A collectively. Mr. Dhoble was justified in

submitting before us that non-decision by the authority is not only

causing hindrance for the Society in appointing an appropriate and

eligible candidate and also lead to affecting the academic interest of

the students.

5.

On the backdrop of the submission of the learned counsel

as well as in view of the material placed on record referred above, the

petition is disposed of at the admission stage with a direction to

respondent No. 2 - Commissioner to decide the proposal dated

18.05.2018 as early as possible and not later than 6 weeks from the

date of order of this Court. Needless to state on the merit of the

proposal in case the respondent No. 2 is of the opinion that

opportunity of hearing be granted to the society, respondent No. 2 may

undertake this exercise by issuing a notice to the petitioner-society,

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calling upon the petitioner-society for hearing. With these directions,

petition is disposed of.

(S. M. GAVHANE, J.)

(P