KARMAVEER PRATISHTHAN, JALNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners, by invoking the constitutional powers of this Court under Article 226 of the Constitution of India have prayed thus -

(2.) The case has its checkered history which has been unearth by learned Senior Counsel Mr. V.J. Dixit instructed by learned Advocate Mr. V.D. Gunale. We could get the said history also from the earlier round of litigations. The said history need not be reproduced now, but summary thereof has to be mentioned. The Government had passed Resolution on 7/4/2006 thereby granting permission to transfer Samajkarya Mahavidyalaya run by Navchaitanya Shikshan Sanstha, Warzadi to Karmaveer Pratishthan, Jalna, however, respondent No.7 had made representation/complaint in respect of the said transfer. That representation was not considered and, therefore, respondent No.7 and others had filed Writ Petition No.7122 of 2019. This Court accepted the statement by learned AGP that they would consider the petition as a representation and would pass appropriate order and then this Court disposed of that petition on 5/12/2009. Thereafter it appears that the university had constituted a fact finding committee consisting of three members under the Chairmanship of Dr. D.V. Dhaygude. The report was submitted by the committee on 10/2/2012. It was opined by the committee that there does not appear to be any substance in the representation/complaint and as regards the alleged fraud is concerned/preparation of fabricated documents it was opined that it should be agitated before the appropriate Court or authority. Thereafter, the matter was placed before Hon'ble Minister (Social Justice) and then order came to be passed on 28/8/2014/9/9/2014 cancelling the permission of transfer of the said college to the petitioner No.1 under the said Government Resolution.

(3.) The said order dtd. 28/8/2014/9/9/2014 passed by the Hon'ble Minister was the subject-matter of Writ Petition No.9055 of 2014 and after hearing the parties this Court had relegated the matter back to the Government/Hon'ble Minister/competent authority by quashing the said order. The said authority was directed to hear all the parties concerned and pass a reasoned order afresh.