1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1767 OF 2009 1) Sant Jagnade Maharaj Shikshan Sanstha's Pimpalchauk, Dondaicha, Tq-Shindkheda, Dist-Dhule, Through its President, 2) Dr. Fakira s/o Chintaman Mahajan, The Principal, Sant Jagnade Maharaj Arts, Science and Commerce College, Khapar, Tq-Akkalkuwa, Dist-Nandurbar. ...PETITIONERS. VERSUS 1) The State of Maharashtra, Higher and Technical Education Department, Through its Secretary, Mantralaya Vistaar Bhawan, Mumbai, and others. ...RESPONDENTS. ... Mr.R.J. Godbole Advocate for Petitioner. Mrs.R.K. Laddha, A.G.P. for Respondent Nos.1 and 3. Mr.A.B. Girase Advocate for Respondent No.2 University. Mr.S.R. Barlinge Advocate for Respondent Nos. 4 to 17. Mr. Umakant Patil Advocate for Respondent No.18. Mr.A.P. Bhandari Advocate for Applicant in Civil Application No.9820 of 2009. ... 2 CORAM: NARESH H. PATIL & K.U. CHANDWAL, JJ. DATE : 12TH NOVEMBER, 2009. PER COURT : 1. We have perused the order passed by this Court on 26th March, 2009 permitting the Petitioner No.2 to sign the salary bills of the staff. 2. The learned counsel Shri Godbole submits that Petitioner No.2 has prepared the salary bills of the employees and forwarded the same to the Joint Director (Higher Education), Jalgaon Region, Jalgaon by communication dated 17th July, 2009. The list of the employees, which is produced today, was seen by learned counsel Shri Barlinge. 3. Shri Girase, learned counsel for University seeks deletion of Para No.33 of the affidavit in reply filed by deponent Shri Kiran Baliram Chaudhari on behalf of University, which is at Page No.103 and 104 of the Petition. We allow the University to delete the above said Para No.33 of the affidavit in reply. The 3 said Para is deleted accordingly. 4. It is admitted position that an Administrator is appointed and he is in charge of the administration of the Trust and the institution. The Administrator is one Mr. B.R. Gaikwad, who is Principal of the Government B.Ed. College, Aurangabad. The Petitioner institution is established and run at Khapar, Tq- Akkalkuwa, Dist-Nandurbar. The basic grievance of the Petitioners is regarding non approval of the appointment of Petitioner No.2 as Principal of the college. 5. After hearing the matter for some time, learned counsel Shri Girase for the University, on instructions, makes a statement that the University will reconsider the decision of issuing order of non approval dated 16th January, 2009 after perusing the concerned record and hearing the Petitioner No.2. 6. In the light of the statement made by counsel Shri Girase we observe that the impugned order dated 16th January, 2009 would be inoperative from today. 4 7. In the light of the allegations and counter allegations made by the contesting parties, we find it appropriate to direct the Administrator to verify the list of the employees whose cases are forwarded for payment of salary under the signature of Petitioner No.2. The Administrator is entitled to cause amendment to the list, if it is found that the list of the employees prepared by the Petitioner No.2 for the purpose of salary, had excluded some of the employees or included some of the employees illegally. This exercise shall be completed by the Administrator within six weeks from today. 8. We direct the Joint Director (Higher Education), Jalgaon Region, Jalgaon to pass appropriate orders at the earliest for sanctioning the bills of the salary of the employees, after receipt of final communication from the Administrator as observed by us herein above. The University would take decision in respect of the approval in respect of appointment of the Petitioner No.2 within three weeks from today, according to the statement made by learned counsel Shri Girase. 5 8. In the light of these observations and directions, Writ Petition stands disposed of. It is clarified that apart from the issues raised and discussed above by us, we have not touched any other issue raised by the parties. 9. In view of the disposal of the Writ Petition itself, nothing survives for consideration in the pending Civil Applications and therefore all the pending Civil Applications in this Writ Petition are also disposed of. [K.U. CHANDIWAL, J.] [NARESH H. PATIL,J.] asb/NOV09/wp1767.09