1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 1174 /2009 (Lakhmichand K. Rochwani & another VERSUS A.C.C. & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M. Anilkumar, counsel for the petitioners. Shri D.M. Kale, A.G.P. for the R-1 & 2. Shri Samarth, counsel for the R-3 & 4. CORAM : SMT. VASANTI A. NAIK, J. DATE : JULY 1, 2009. By this petition, the petitioners impugn the order dated 10.09.2008 by which the Assistant Charity Commissioner, Nagpur had granted permission to the respondent nos.1 and 3 to fill the four posts of Shikshan Sewaks in the Educational Institution administered by the respondent nos.1 and 3 and others. On hearing the learned counsel for the parties and on perusal of the relevant documents, it is clear that this Court had, by an judgment dated 14.02.2008 in Writ Petition No.4681/2007, permitted the petitioner nos.1 to 9 in Writ Petition No.4681/2007 to continue to manage the affairs of the trust till the decision of the change report nos.905/2006 and 921/2006. It is not in dispute that the respondent nos.1 2 and 3 were the petitioner nos.1 and 3 in Writ Petition no. 4681/2007 and, therefore, were entitled to manage the affairs of the trust along with the other petitioners in Writ Petition no.4681/2007. It is further not in dispute that the change reports bearing nos.905/2006 and 921/2006 are not decided till this date. In this background, since there was a vacancy of four posts of Shikshan Sewaks in the Educational Institution administered by the petitioners in Writ Petition no.4681/2007, the respondent nos.1 and 3, who claimed to be the President and the Secretary of the body which is permitted to run and administer the trust, had applied to the Assistant Charity Commissioner for permission to fill the four vacancies. This application was made in pursuance of the observation of this Court in the judgment dated 14.02.2008 in Writ Petition no.4681/2009 that they would not make any appointment without the prior approval of the Assistant Charity Commissioner, Nagpur. In such background, there is no error whatsoever in the Assistant Charity Commissioner, Nagpur granting approval to the respondent nos.1 and 3 to fill the four posts of Shikshan Sewak as they were vacant and needed to be filled in, in the interest of justice. 3 There is no error whatsoever in the order passed by the Assistant Charity Commissioner, Nagpur on 10.09.2008, much less, a jurisdictional error so as to interfere with the same in exercise of the writ jurisdiction. The petition fails and is dismissed with no order as to costs. Since the change reports are pending for long and this Court had directed, by the judgment dated 14.02.2008 in Writ Petition No.4681/2007, to decide the change reports within a period of six months, the Assistant Charity Commissioner, Nagpur is directed to decide the change reports as early as possible and positively within a period of two months from today as it is informed by the learned counsel for the petitioner that the counsel for the parties have already concluded their arguments. JUDGE APTE