1. The applicant was arrested on 26.03.2019 in Crime No.

67/2019 of Airport Police Station, Nanded for offences

punishable under Sections 307, 325, 323 read with Section 34 of

the Indian Penal Code.

2. As per F.I.R., the material case is that on 22.03.2019, at

about 8:30 p.m., the injured Mohammed Feroz was proceeding on

his bike along with one Sajeed. When they reached Rauf Colony,

some persons came there on another bike and two of them were

armed with iron rods. They started instigating each other and two

1/3
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1. The petitioners are Professors teaching in M.Ed. Faculty in

respondent No. 1- College run by respondent No. 2. The petitioners

claim writ of mandamus to direct respondents No. 1 and 2 to register

them with respondent No. 5 for Centralized Admission Process for

academic year 2019-20 and direction to respondent No. 3 –

University to consider the proposal for closure.

2. Shri. P. S. Dighe h/f Shri. V. R. Dhorde, learned counsel for

respondent No. 1 and 2 submits that, due to shortage of students

seeking admission in the M.Ed. Course, respondents No. 1 and 2 are

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2 933WP5831.2019

facing financial crunches and are unable to bear the expenses of the

college as well as payment of salaries as per 6 th Pay Commission.

They have submitted a report for closure of M.Ed. Course, which is

not yet forwarded by the University to the Government. The intake

capacity was earlier 100 but it is now reduced to 50. Only six

students took admission in the year 2016-17 for M.Ed. Course

whereas; in 2017-18 there were only 16 students. This shortage of

students is causing financial problems.

1. Heard the learned Advocate Mr. Biradar for the applicant

and Mr. A.S. Shinde, the learned APP for the State.

2. The applicant is accused in Crime No. 35/1991 registered

for offences under sections 420, 465, 471 and 34 of Indian Penal

Code in Gandhi Chowk Police Station, Latur, Dist. Latur.

3. The allegation is that he and other 3 co-accused took

admission in the college by using false, forged and bogus

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2 919-BA-599-2019

documents. The case is pending since long. Three Prosecution

witnesses were examined. Some accused died. Thereafter, the

applicant remained absent and hence non-bailable warrant was

issued against him. He came to be arrested on 4 th April, 2019.

Learned Advocate Mr. Biradar submits that the applicant is already

in jail for one and half month. It is a lesson for him and he shall not

remain absent hereinafter. He also argued that marriage of brother

of the accused is fixed on 23rd May, 2019.

2. Learned counsel for the applicant submits that this

Court vide order dated 18-4-2019 was pleased to grant

interim relief to the applicant, however, the said relief was

vacated by an order dated 2-5-2019 on the ground that

notice of the application could not be issued to the non-

applicant as copy of the criminal application was not

supplied. Now, the learned counsel for the applicant filed

on record copy of the hamdast/receipt at annexure-Z to

show that notice has been issued. Learned counsel

submits that if the order dated 2-5-2019 is not recalled,

the original application for quashing of FIR would be

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2 apl 394.19.odt

rendered infructuous.

(a) The applicant shall not tamper with the
evidence or the prosecution witnesses.

(b) The applicant shall make available himself
before the Investigation Officer as and when required.

Stand over to 6-6-2019.

JUDGE
wasnik

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Shri Thakre, learned Additional Government

Pleader waives service of notice for the respondent nos. 1

to 4.

The petitioner was appointed in the year 2014. Her

appointment was also approved by the Education

Department. Now she is claiming that she should be

permitted to appear in the Teachers Eligibility Test-TET

Examination proposed to be held after framing of the

syllabus and the earlier attempts should be ignored, as the

Government Resolution dated 7-2-2019 supersedes the

earlier Government Resolution under which the earlier

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TETs were held.