wp7302.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7302 OF 2009 Vidyasagar Shikshan Prasarak Mandal, Aurangabad, Through it's Secretary, Shri. Narayan s/o Asaram Shengule, R/o:N-12, G-55, Hudco, Aurangabad. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through the Secretary, Education Department, Mantralaya, Mumbai, 2) The Dy. Director of Education, Aurangabad Division, Aurangabad, 3) The Education Officer(Secondary), Zilla Parishad, Aurangabad, 4) Nirmala d/o Arjun Kawade, R/o-House No.90, Marwadi Galli, Gangapur, Tq-Gangapur, Dist-Aurangabad. ...RESPONDENTS. ... Shri.K.J. Suryawanshi Advocate for Petitioner. Shri.S.K. Kadam, A.G.P. for Respondent Nos. 1 to 3. Shri.Ramesh Wakade Patil Advocate for Respondent No.4. ... wp7302.09 2 CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 23RD DECEMBER, 2011. PER COURT : 1. Heard learned counsel for the parties. 2. The Petitioner claims to be Secretary of Vidyasagar Shikshan Prasarak Mandal, Aurangabad. It is prayed that Respondent No.2 be directed to grant permission to fill-up vacant posts in the institution run by the Petitioner. 3. This Petition was filed on 8th October, 2009. There are subsequent developments in the matter. By an order dated 17th March, 2011, the Education Officer (Secondary) submitted report to Deputy Director of Education, Aurangabad Region, Aurangabad, that considering several reasons, it is advisable to govern the administration of the wp7302.09 3 school by the Administrator. 4. The learned counsel for Respondent No.4 - Intervenor submits that there are disputes in the management in respect of governance of school. The Petitioner is no more secretary of the society. Change reports are pending before the Charity Commissioner, therefore no relief be granted to the Petitioner. The statement made by the counsel for the Intervenor is disputed by the counsel for the Petitioner. 5. In the facts of the case, we observe that the Respondent No.2 - Deputy Director of Education, Aurangabad Division, Aurangabad shall take appropriate decision at the earliest, in respect of the vacant seats, if any, and the report submitted by the Education Officer in respect of appointment of Administrator. The Respondent No.2 shall take appropriate decision in respect whether to allow the Management to fill-up wp7302.09 4 the vacant seats or to adopt any other appropriate, suitable and reasonable method in accordance with law. 6. It is clarified that we have not addressed other issues raised and canvassed in this Petition. 7. With these observations, the Writ Petition is disposed of. 8. Authenticated copy of this order be provided to the learned A.G.P. to be forwarded to the Respondent No.2 - Deputy Director of Education, Aurangabad Division, Aurangabad. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/DEC11