Bombay High Court
Shri Ram Mandir Meghe Trust, Borgaon ... vs Dr. Punjabrao Deshmukh Krishi ... on 16 August, 2017
Author: B.P. Dharmadhikari
Bench: B.P. Dharmadhikari
1 1608wp5333.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 5333 OF 2017
(Shri Ram Mandir Meghe Trust and another .v. Dr. Punjabrao Deshmukh Krishi Vidyapeeth
and others)
WITH
WRIT PETITION NO. 5351 OF 2017
(Dattatraya Shikshan Prasarak Mandal and another .v. Maharashtra Agriculture Education
and Research Council and another)
WITH
WRIT PETITION NO. 5384 OF 2017
(Manav Sewa Pratisthan and another .v. Maharashtra Agriculture Education and Research
Council and another)
Office Notes, Office Memoranda of Coram
appearances, Court's orders or directions Court's or Judge's Orders
and Registrar's orders.
Shri S.V. Sohoni, Advocate for the petitioners in WP No.5333/2017.
Shri A.S. Kilor, Advocate for the petitioners in WP No.5351/2017.
Shri K.N. Shukul, Advocate for petitioners in WP No.5384/2017.
Shri A.R. Patil, Advocate for respondent No.1.
Ms. N.P. Mehta, AGP for respondent Nos.2 and 4.
CORAM : B.P. DHARMADHIKARI AND
ARUN D. UPADHYE, JJ.
16TH AUGUST, 2017.
The matters were heard in first half. This Court found fault in petitioners' contentions that they were not aware of deficiencies or lacunae and the same needed to be pointed by them expressly by the authority inspecting their establishments. This Court, thereafter also found fault in handling of the matter by respondent No.1. Without adherence to Sections 41 to 44 of the Maharashtra Agricultural University Act, 1983, the orders removing names of the petitioners and prohibiting them from participating in admission process were passed.
This Court, therefore, expressly observed that the office of respondent No.1 and the petitioners appeared to be acting against the interest of the students.
We adjourned the matter to second half to enable the Maharashtra Agriculture Education and Research Council to make proper submission before this Court.
Shri Badhe, the learned Counsel appearing on behalf ::: Uploaded on - 18/08/2017 ::: Downloaded on - 28/08/2018 16:14:46 ::: 2 1608wp5333.17 of the Maharashtra Agriculture Education and Research Counsel in all the matters submits that accordingly he had a talk with Shri Nagargoje, Director of the said authority. Though the orders cannot be withdrawn, if the respective petitioners make a statement that they would remove deficiencies/lacunae within stipulated time, the admission of students can be allowed.
This statement made upon instruction from Shri Nagargoje fortifies casualness in approach.
Hence, keeping our observation on record and warning the authorities with severe consequence, if such conduct is repeated in future, we permit the petitioners to admit students and for that purpose we direct the respondents to take necessary steps forthwith.
The contentions raised by the petitioners are kept open and they are given opportunity to make appropriate representations to the said authority and also to Dr. Punjabrao Deshmukh Krishi Vidyapeeth. It they make suitable representation within a period of two weeks from today, the authority shall consider it as per law within next four weeks.
It is made clear that it is also open to the petitioners to demonstrate that no lacunae/deficiencies exist and they have already cured it.
With these observations, we partly allow the petitions and dispose of the same. No costs.
JUDGE JUDGE
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