LAWS(BOM)-2010-5-55

SHIKSHAN PRASARAK MANDAL Vs. DIRECTOR HIGHER EDUCATION

Decided On May 07, 2010
SHIKSHAN PRASARAK MANDAL Appellant
V/S
DIRECTOR, HIGHER EDUCATION Respondents

JUDGEMENT

(1.) Rule. Returnable forthwith. Heard finally by consent of parties.

(2.) The petitioner no.1 society registered under Bombay Public Trusts Act and so also under Society Registration Act and running petitioner no.2-college aided by respondent no.3 - State, has prayed for issuing an appropriate writ/order/direction in nature of mandamus for quashing and setting aside order dated 7.3.2007 passed by the Director, Higher Education, Pune - respondent no.1 granting approval to the appointment of widow-respondent no.4 as a Peon in petitioner no.2 college on compassionate ground on the count of her husband Late Vilas Sambhaji Vairagadwar while working with petitioner no.2 having passed on 14.12.1999.

(3.) Mr. Parsodkar, learned counsel for the petitioners, urged that the deceased Vilas had committed suicide on 14.12.1999 and for no reason Mr. Tejram Kawaduji Kapgate, Principal of College run by petitioner no.2 was falsely implicated and tried for abetment of said suicide. He urged that the same is self evident as ultimately he was acquitted by the Court of Sessions by the judgment and order dated 3.10.2001.