MUSTAFA EDUCATION SOCIETY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of learned advocates for the parties.

(2.) Mr. G.S. Rane, learned advocate for the petitioner submits that the petitioner No. 1 is a public trust and runs the educational institutions. There are disputes as regards to the election of Executive Body of the Trust. The change reports are pending for consideration before the competent authorities under the Public Trust Act. The election of the Executive Body for the period 2014-2019 were held on 30/6/2014 and change report was submitted which is pending consideration. Similarly, further elections were held on 21/9/2019 for the period from 2019 to 2024 and change reports in respect of such election is also submitted and pending for consideration before the charity authorities.

(3.) The petitioner no.2 has been appointed as Shikshan Sevak in the school run by Petitioner Trust for the period from 17/6/2019 to 16/6/2022 by following due process of law. He holds the requisite qualification for appointment. The respondent No.3 Education Officer, after examining the relevant legal and procedural aspects, approved appointment of the petitioner vide order dtd. 29/6/2019. The petitioner No.2 successfully completed the period of Shikshan Sevak. Consequently, the Head Master of the school forwarded the proposal dtd. 20/6/2022, seeking approval to the continuation of the services of the petitioner No.2. However, referring to the complaints made by respondent No.4, the proposal is declined consideration till the dispute inter-se in management is resolved and newly elected body is mutated on "Schedule-I".