AMRUT SEVA BHAVI SANSTHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Deshmukh, learned counsel for the petitioners.

(2.) By inviting my attention to the language of the first proviso to Sec. 3(1) of the Maharashtra Educational Institutions (Management) Act, 1976, (for short the "Act of 1976"), it is contended, that any order of extension in regard to the taking over of the management has to be passed before the period of extension is over. It is contended, that the first order of extension was dtd. 18/2/2020 and was for a period of three years under Sec. 3(1) of the Act of 1976 and came to an end on 18/2/2023 (page 20). The order of extension under the first proviso to Sec. 3(1) of the Act of 1976, is dtd. 31/5/2023 (page 25). It is therefore, contended that the same was not sustainable in law.

(3.) It is also contended, that the first proviso to Sec. 3(1) of the Act of 1976 contemplates the satisfaction of the Director regarding the existence of circumstances justifying the requirement for extension. Inviting my attention to the language of the impugned order dtd. 31/5/2023 (page 25), it is contended, that the same has been passed on the direction of the State Government as the report justifying extension was submitted to the State Government and not to the Director, that apart, the impugned order relies upon the approval being granted by the State Government for such extension.