WP 4745/2010 with LPA 188/09 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.4745/2010 WITH LETTERS PATENT APPEAL NO.188/2009 _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri N.V. Gaware, Advocate for petitioner. Shri S.K. Kadam, AGP for respondent no.1. Shri S.P. Salgar, Advocate for respondent no.2. Shri S.B. Talekar, Advocate for respondent nos.3 & 4. CORAM: D.B. BHOSALE & M.T. JOSHI, JJ. Date: 25.03.2011 Heard learned counsel for the parties. This writ petition is tagged with Letters Patent Appeal No.188/2009. The LPA is directed against the judgment and order dated 4.9.2009 passed in Writ Petition No. WP 4745/2010 with LPA 188/09 2 4971/2009 by the learned Single Judge whereby the writ petition, that was directed against the order dated 2.7.2009 passed on the application at Exhibit 1 in Application No. 7/2009 by the Joint Charity Commissioner, Latur Region, Latur, has been dismissed. By order dated 2.7.2009, the Joint Charity Commissioner framed charges against the petitioners, i.e. respondents in the instant writ petition, for alleged breach of statutory provisions of the Act and during inquiry, suspended 7 out of 9 trustees from the trusteeship of the trust. The LPA, challenging the order of the learned Single Judge dated 4.9.2009, has been admitted on 30.9.2009. On the very same date, the parties were directed to maintain status quo and that order was passed on the Civil Application No.9986/2009 filed in the said LPA. In view thereof, though the submissions were advanced by learned counsel for the parties on the point as to who is in-charge of the trust, they have agreed not WP 4745/2010 with LPA 188/09 3 to record any findings on that issue. Learned counsel for the parties have fairly stated that we need not record our findings on merits of the case and they have agreed for the following order, pending the hearing and final disposal of the LPA. [1] Pending the hearing and final disposal of LP No.188/2009, respondent no.3 - Principal is allowed to transfer the salaries of the teaching and the non-teaching staff of the institute - Bankat Swami Shikshan Sanstha, Khadki Ghat, Beed, every month from the account of the institution to the bank accounts of members of the staff under his signature. The bank will allow respondent no.3-Principal alone to sign the documents, that may be necessary for transferring the amount as afore-mentioned in the accounts of the members of the staff. [2] No major / policy decisions will be taken pending the hearing and final disposal of the LPA without permission of this Court. [3] Pending the hearing and final disposal WP 4745/2010 with LPA 188/09 4 of LPA, the management and/or the Principal or any other person having concern with the institution will not have a right to terminate employee/s (teaching and non-teaching) of the institution without permission of this Court. [4] If any appointments of the teaching and/or non-teaching staff are necessary, respondent no.3 shall make a request in writing to the University for appointing independent committee for selection of staff. If the University-Dr.Babasaheb Ambedkar Marathwada University receives any such request from respondent no.3-Principal in writing, the Vice Chancellor shall appoint a committee of three independent members having regard to the subjects for which appointments are to be made. The University shall complete the selection process after following the due procedure as contemplated by Maharashtra Universities Act and the Regulations / Statute framed thereunder. The expenditure that will be required to be WP 4745/2010 with LPA 188/09 5 incurred for conducting the process of selection will be borne by the institution and the University in that regard shall issue direction to the Principal. If the Principal receives any requisition from the University regarding the expenditure, he will disburse the said amount within a period of two weeks from the date of receipt of such requisition. [5] Respondent no.3 is allowed to withdraw a sum of Rs.3,000/- at a time to meet day-to-day expenditure. He shall, however, keep account of the said amount and place it on record in the LPA after every four weeks, with an advance copy thereof to the learned counsel for the petitioners and other respondents. [6] We make it clear that all the appointments that will be made by the selection committee would be subject to outcome of LPA. We direct the institution to make so clear in the appointment letters so also in the advertisement, inviting applications for the posts required to be filled WP 4745/2010 with LPA 188/09 6 in. In view of these directions, learned counsel for the petitioner does not press the writ petition. Hence, the writ petition is disposed of. Office is directed to place LPA for final hearing in the week commencing from 25.4.2011. Liberty to the parties to seek further orders / modification of this order, if necessary, during pendency of LPA. (M.T. Joshi, J.) (D.B. Bhosale, J.) Dt/- 25.03.2011 ndk/c25311