1 wp2370.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2370 OF 2010 ALONGWITH CIVIL APPLICATION NO.2097 OF 2010 KJ Zilla Vidya Vikas Mandal Pune ) through its Honarary Secretary, Shri Vasant ) Sakharam Darekar )..Petitioner Vs. The Education Officer (Secondary) ) Zilla Parishad, Pune & Ors. )..Respondents ---- Mr.S.V.Pitre for the petitioner. Mr.V.S.Gokhale AGP for respondent nos.1, 2 & 4. Mr.Sanjay Kshirsagar i/by Manoj Wadekar & Associates for respondent no.3. ---- CORAM : A.M.KHANWILKAR & MRS.MRIDULA BHATKAR,JJ DATE : 24/3/2011. PC CIVIL APPLICATION NO.2097 OF 2010 1 Counsel for the applicant submits that in view of subsequent development, it is not necessary for the petitioner to pursue the 2 wp2370.10.sxw present application for the reliefs claimed in the said application. The same is accordingly disposed of. WRIT PETITION NO.2370 OF 2010 1 Rule. By consent, rule made returnable forthwith. Mr.Gokhale AGP waives notice for respondent nos.1, 2 & 4 and Mr.Khsirsagar waives notice for respondent no.3. 2 As short question is involved, petition is taken up for final disposal forthwith, by consent. 3 The only relief claimed in this petition is to question the authority of the Education officer, Zilla Parishad, Pune, in calling upon the petitioner to produce schedule-1 extract (PTR) issued by the Charity Commissioner, Pune region, Pune, within 8 days from the show cause notice dated 2.3.2010. The case of the petitioners is that the petitioners have already produced resolution indicating the names of newly elected trustees. The petitioners have also 3 wp2370.10.sxw informed the Education officer that change report proceedings are pending before the Charity Commissioner with regard to the election of the newly elected management. Once this position is stated before the Education officer, we fail to understand as to why Education officer should insist for production of schedule 1 extract (PTR) issued by the Charity Commissioner. That would be issued after due inquiry in the change report proceedings. The legal position is well established that the change in the management takes effect from the date of election and not from the date of issuance of the schedule 1 extract (PTR). It will be useful to advert into the case in Chembur Trombay Education Society & Ors. vs. D.K.Marathe & Ors in 2002(3) Bom.C.R. 161. 4 In our opinion, the question of Education officer insisting for production of schedule 1 extract (PTR) was in-appropriate, also because it is not within the scope of the Education officer to inquire whether the management of the school is legally constituted. The management being a public trust, whether is duly constituted or not is a matter within the exclusive jurisdiction of 4 wp2370.10.sxw the Charity Commissioner. Even for this reason, the question of Education officer insisting for production of schedule 1 extract (PTR) from the Charity Commissioner cannot be countenanced. Accordingly, this petition succeeds on the above terms. We however, make it clear that if the private respondent has any issue regarding constitution of present management of the school, they will be free to agitate that issue before the Charity Commissioner by way of appropriate proceedings. All questions in that behalf will have to be decided on its own merits, in accordance with law. Rule made absolute in the above terms. (MRS.MRIDULA BHATKAR,J) (A.M.KHANWILKAR,J)