LAWS(BOM)-2023-8-21

NANASAHEB BABASAHEB DHARBALE Vs. STATE OF MAHARASHTRA

Decided On August 23, 2023
Nanasaheb Babasaheb Dharbale Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard. Rule. Rule is made returnable forthwith. At the joint request of the parties, the matter is heard finally at the stage of admission.

(2.) In this petition under Article 226 of the Constitution of India, the petitioners who are some of the members of the teaching and non-teaching staff of the respondent No. 6-College of Pharmacy being run by the respondent No. 5-management (hereinafter management) are challenging the order passed by the respondent No. 3 who is the Director of Technical Education (hereinafter DTE) refusing to take over the management of the respondent No. 6-college under the provisions of Sec. 3 of the Maharashtra Educational Institutions (Management) Act, 1976 ( hereinafter Educational Institutions Act), dtd. 10/2/2022.

(3.) Before we proceed to examine the sustainability and legality of the order under challenge it would be appropriate to narrate the history.