RAJESH ASHOKRAO PATIL Vs. DHANANJAY SAMAJ SEVA SANSTHA

JUDGEMENT

(1.) CIVIL Application No. 1972 of 2002 is filed by 50 students doing a course in Diploma in Education (D. Ed.) from Dhananjaya samaj Seva Sanstha, respondent No. 1, a College registered under the Bombay public Trusts Act, 1950, as well as Societies Registration Act, 1860.

(2.) THE case of the petitioners is that the first respondent college has filed writ Petition No. 4211 of 2001 in this Court for certain reliefs prayed in the prayer clause of the petition. On 10/09/2001, notice was issued by the Division Bench of this Court and the respondents were directed to file affidavit in reply within four weeks. It was also observed that, if possible, on the next date of hearing the matter would be disposed of finally. The counsel for the State was also asked to seek instructions as to whether the college which was being run by the petitioner (respondent No. 1 in C. A. No. 1972 of 2002)without permission had since been closed down and whether the Government would consider grant of no objection certificate, if the college would give an undertaking not to start the college without first getting permission of the National Council for Teachers Education.

(3.) THEREAFTER the first respondent college filed Civil Application No. 499 of 2002, inter alia, praying therein that respondent Nos. 4 and 5 i. e. State of maharashtra and Director of Examination Bureau, be ordered and directed to allow 50 students studying in the first year D. Ed, to appear at the annual examination scheduled to commence from March 20,2002, and to allow to continue their studies in the second year D. Ed. On March 19, 2002, Rule was issued on civil application. It was made returnable after eight weeks. In the meantime, interim relief was granted in terms of prayer (a) and 50 students were allowed to appear in the examination. It was, however, stated that their results would not be declared without prior permission of the Court. In pursuance of the above order, 50 students appeared at the first year D. Ed, examination.