1 Anando IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7162 OF 2008 The Pune Municipal School Board ..Petitioners V/s. The Municipal Corporation of Pune & ors ..Respondents WITH WRIT PETITION NO.8372 OF 2008 M/s. Tushar Dresses and Tailoring Firm ..Petitioners V/s. Pune Municipal Corporation & ors ..Respondents WITH WRIT PETITION NO.5437 OF 2009 M/s. Tushar Dresses and Tailoring Firm ..Petitioners V/s. Pune Municipal Corporation & ors ..Respondents WITH WRIT PETITION NO.7500 OF 2009 Jagdamba Mahila Audyogik Sahkari ..Petitioners Sanstha Maryadit V/s. The Chairman, ..Respondents Pune Municipal School Board & ors 2 Mr. P. K. Dhakephalkar, Senior Counsel with Mr. S. R. Ganbavale, for the Petitioners in W. P. No.7162/2008 and for Respondent No.4 in W. P. No.8372/2008 and for the Respondent Nos.3 & 4 in W. P .No.5437/2009 Mr. Y. S. Jahagirdar with Mr. Vaibhav Joglekar, Advocate, i/b. Mr. D. H. Keluskar, Advocate, for the Petitioners in W. P .No. 8372/2008 and W. P .No.5437/2009 Mr. A. A. Kumbhakoni with Mr. A. P. Kulkarni, Advocate, for the Respondent Nos.1 to 3 in W. P. No.7162/2008, W. P. No. 8372/2008 and in W. P. No.5437/2009 for the Respondent Nos. 1 and 2 and in W. P. No.7500/2009 for Respondent No.3 Mr. R. P. Behere, Additional Government Pleader, for Respondent No.4 in W. P .No.7162/2008 Mr. S. M. Oak, Advocate, for Respondent No.5 in W. P. No. 7162/2008 and W. P .No.8372/2008 Mr. Uday Warunjikar, Advocate, for Respondent No.6 in W. P .No.5437/2009 and for Respondent No.2 in W. P. No. 7500/2009 Mr. S. R. Nargolkar, Government Pleader, for the Respondent Nos.4 and 5 in W. P. No.7500/2009 CORAM : A.M.KHANWILKAR & R.M.SAVANT, JJ. DATE : 31ST MARCH, 2010 P.C. W. P. NO.7162 OF 2008 . By this Petition, the School Board has prayed for quashing of communication dated 13th August, 2008 issued by Respondent No.3 and 16th September, 2008 issued by 3 Respondent No.2. It is further prayed for quashing of enquiry report of Mr. Suraj Mandhare and for declaration that the Municipal authorities cannot exercise any administrative and/or financial control over the Petitioner – Board. During the pendency of this Petition the Respondent – Corporation has deposited an amount of Rs.4.5 crores in this Court as per the Order dated 30th March, 2009. The said amount was deposited by the Respondent – Corporation in anticipation of allotment of contract of School uniforms for the Students of Primary School of the Corporation for the Academic Year 2007-2008. However, no contract has been given for the relevant period. In that sense, nothing survives for consideration in the present Petition in so far as the said contract is concerned. 2. However, Counsel appearing for the Petitioner – Board submits that the Petitioner may be allowed to withdraw the amount already deposited in this Court with liberty to Petitioner – Board to utilize it for construction of Drinking Water Tanks in the Corporation Schools through out the Municipal area, in which case the Petitioner may not pursue this remedy. It is stated that in terms of Government decision 4 dated 5th April, 2008 the Petitioner – Board is obliged to provide Drinking Water Tanks in the Municipal Primary Schools for which the Board is expected to construct new Water Tanks and provide Filteration Units and also maintain the existing Water Tanks in the concerned Schools. The Petitioner submits through Counsel that the amount which will be withdrawn by the Petitioner will be utilized for that purpose alone. 3. The Corporation through Counsel submits that in principle, the Corporation has no objection for disbursing the amount to the Petitioner – Board to the extent of Rs.4.5 crores along with interest accrued thereon, if any. But, before that the Corporation will have to comply with necessary formalities of sanctioning and providing budgetory allocation under that head which will have to be done by the General Body of the Corporation. The Petitioner – Board is willing to comply with necessary formalities to be complied in this behalf. As soon as the Petitioner – Board complies with all the formalities, the Corporation shall accord clearance for disbursal of the amount. That be done not later than eight weeks from today. On submission of such no objection and clearance commitment 5 issued by the Corporation before this Court, the Petitioner would be free to withdraw the amount deposited in this Court in the present Writ Petition along with interest accrued thereon, if any. 4. Petition is disposed of keeping all the issues raised in this Petition open to be decided in appropriate proceedings or as and when occasion arises. Liberty to apply. WITH P.C. W.P.NO.8372 OF 2008 . By this Petition, the Petitioners are challenging the action of Board in respect of allotment of contract for supply of uniforms to the students of Municipal School for the Academic Year 2007-2008. We are informed that the contract was subsequently given to the Maharashtra State Powerloom Corporation Limited. In that sense, this Petition has become infructuous and will have to be disposed of accordingly. 2. We, however, make it clear that it will be open to 6 the Petitioners to pursue such other remedy for claiming damages either against the Corporation and/or the Board as may be advised. If such proceedings are instituted, it will have to be decided on its own merits and in accordance with law. 3. Besides, as requested by Counsel for the Petitioners we place on record that it will be open to the Petitioners to make representation to the Board for considering their request for allotment of contract for the next Academic Year, having regard to the fact that the Petitioners acted to their detriment during the pendency of this Petition. If such representation is made by the Petitioners, it will be open to the School Board to consider the same on its own merits and in accordance with law. 4. Petition is disposed of on the above terms. WITH P.C. W.P.NO.5437 OF 2009 . By this Petition, the Petitioners are challenging the action of Board in respect of allotment of contract for supply of 7 uniforms to the students of Municipal School for the Academic Year 2009-2010. We are informed that the contract was subsequently given to the Maharashtra State Powerloom Corporation Limited. In that sense, this Petition has become infructuous and will have to be disposed of accordingly. 2. We, however, make it clear that it will be open to the Petitioners to pursue such other remedy for claiming damages either against the Corporation and/or the Board as may be advised. If such proceedings are instituted, it will have to be decided on its own merits and in accordance with law. 3. Besides, as requested by Counsel for the Petitioners we place on record that it will be open to the Petitioners to make representation to the Board for considering their request for allotment of contract for the next Academic Year, having regard to the fact that the Petitioners acted to their detriment during the pendency of this Petition. If such representation is made by the Petitioners, it will be open to the School Board to consider the same on its own merits and in accordance with law. 8 4. Petition is disposed of on the above terms. WITH P.C. W.P.NO.7500 OF 2009 . By this Petition, the Petitioners have essentially questioned the tender process in respect of supplying School uniforms to Primary Municipal School for the Academic Year 2008-2009. It is not in dispute that no contract was awarded for the relevant period. In that sense, nothing survives for consideration in this Petition, the same is disposed of. (R.M.SAVANT, J.) (A.M.KHANWILKAR, J.)