L.M. Jamkar vs. The State Of Maharashtra

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5479 OF 2008 Mr. L.M.Jamkar ... Petitioner Versus The State of Maharashtra & Ors. Respondents Mr. M.L.Patil, Advocate, for the petitioner. Mrs. M.P.Thakur, Addl.G.P. for the Respondents. CORAM: BILAL NAZKI & J.H.BHATIA,JJ. DATED: 10th October, 2008. P.C. After an enquiry by the Director of Education of Secondary & Higher Secondary, Maharashtra State, Pune, by his letter dated 24.9.2007 informed the Chief Secretary, Education & Sports Department, to dissolve the society and appoint an administrator. However, on 18.10.2007, he withdrew the letter seeking appointment of an Administrator on the ground that he had received a letter from the society dated 15.10.2007 requesting that the discrepancies shown to the Society had been removed and, therefore, they may be given another opportunity 1 before the matter was decided by the Director. The learned Counsel for the petitioner has challenged the letter dated 18.10.2007 on the ground that once the Director had made up his mind after conducting enquiry, he should not have withdraw the letter addressed by him to the Government. We do not feel that the Director of Education has done anything wrong. If some fresh application was made before him by the Society and he was convinced that an opportunity can be given to the Society, he could withdraw the letter earlier written by him in case he has not decided the matter and he will draw his conclusion after giving an opportunity to the Secretary of the Society, who had claimed that he had removed the discrepancies. With these observations, we do not find any merit in this Writ Petition. It is dismissed. However, we direct the Director of Education (Secondary & Higher Secondary) to decide the matter on merits and as expeditiously as possible. (BILAL NAZKI,J.) 2 (J.H.BHATIA,J.)