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WP 1114/18 2 Judgment

2. RULE. Rule made returnable forthwith and heard the learned

counsel for the parties at length.

3. The petitioner no.1-Rashtra Sant Tukdoji Maharaj Nagpur

University (for short, ‘the University’) is a State University governed by

the provisions of the Maharashtra Public Universities Act, 2016. The

petitioner no.2-Rashtra Sant Tukdoji Maharaj Nagpur University’s

Dr.Babasaheb Ambedkar College of Law (for short, ‘the Law College’) is a

college that is being conducted by the University. The Law College has

been conferred the status of “Permanent Approved College” by the Bar

Council of India in 1995 as per the law prevailing then. This fact was

communicated to the Law College by the Bar Council of India on

30.11.1995. According to the Bar Council of Maharashtra & Goa there

were two categories of law colleges in the State of Maharashtra. Some

law colleges were permanently approved while others were temporarily

approved. The name of the Law College herein was included in the list of

permanently approved law colleges. The Bar Council of India framed the

Rules of Legal Education, 2008 (for short, ‘the Rules of 2008). These

rules came into force from 14.09.2008. The said Rules were to replace all

previous rules, directives, notifications and resolutions relating to matters

covered under the said Rules. As per Rule 2(xxiv), the expression

“regular approval” means approval for a period not exceeding five years

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WP 1114/18 3 Judgment

including permanent approval granted earlier to any Centre of Legal

Education before the Rules of 2008 came into force. These rules

prevented Centres of Legal Education from imparting education without

obtaining approval of the Bar Council of India. The manner in which

regular approval was to be granted and inspection of Centres of Legal

Education was to be undertaken was also prescribed.

Heard.

2. Admit. Learned APP waives notice for the

respondent.

[R.G. AVACHAT, J.]

kbp

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2 3-Cri. Appln.931 of 2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.931 OF 2020
IN
CRIMINAL APPEAL NO.284 OF 2020

Sunil s/o. Ramu Bhil ..Applicant
Vs.

1. The petitioners take exception to the order dated 10.11.2006 passed by the

Education Officer (Secondary), thereby adjudicating the dispute pertaining to inter-se

seniority between the petitioner no.2 and the respondent no.4.

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2 wp6436.06(J)

2. The facts relevant for deciding the challenges as raised are that the

petitioner no.1-Education Society is running a school which imparts education to

students from standards 5 th to 10th. On 28.07.1998 an advertisement was issued seeking

to appoint Assistant Teachers. One post was earmarked for a Lower Division Teacher for

standards 5th to 7th and one post earmarked for Upper Division Teacher for standards 8 th

to 10th. The petitioner no.2 having qualifications of M.A., B.Ed came to be appointed on

01.08.1998 as Lower Division Teacher for teaching students of standards 5 th to 7th. On

the same day, the respondent no.4 having qualifications of B.Sc, B.Ed. was appointed as

Upper Division Teacher to impart education to students for standards 8 th to 10th.

2. Issue notice to the respondents, returnable on 06th May, 2020.

Learned A.P.P. waives service of notice for respondent – State.

3. Perused F.I.R. and related papers.

4. A written F.I.R. was lodged. The applicants are the public servants.

F.I.R. has been lodged by one of their colleagues. On careful perusal of F.I.R.

and the related papers filed alongwith these appeals, case for grant of interim

protection is made out. Hence, the following order :-

ORDER

(i) Till next date, in the event of arrest of the appellants, in
connection with Crime No. 14 of 2020 registered with Vazirabad
Police Station, Dist. Nanded for the offences punishable under
Sections 166, 167, 177, 182, 417, 465, 471, 477, 120-B read with
Section 34 of the Indian Penal Code and under Sections 3(1)(P),
3(1)(Q) and 3(2)(5)(A) of Schedule Caste and Schedule Tribe
(Prevention of Atrocities) Act, 1989, the appellants be released on
executing P.R. bonds in the sum of Rs.15,000/- (Rupees Fifteen
Thousand Only) each with surety in the like amount.

According to the learned counsel for the petitioner it is
not necessary for the petitioner to submit online disability
certificate in view of the fact that the petitioner has already been
issued disability certificate by the Medical Board. Reference is
made to the order passed in Writ Petition No.7615/2017 dated
22/10/2018.

Issue notice to the respondents, returnable in six weeks.
Shri N. R. Patil, learned Assistant Government Pleader waives
notice for respondent Nos.1 and 2.

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CAF4652.20 +7 2/2

applicant no.1 is dispensed with.

According to the learned counsel for the
applicant, the time granted by this Court earlier to deposit
decreetal amount would expire shortly. The amounts in
question could not be deposited in view of the situation
arising on account of lockdown. It is submitted that the
cheques for the aforesaid amounts have been received and
hence permission be granted to deposit the same.

This criminal application is presented in the
Court. Office is directed to register the same.

It is submitted by the learned counsel for the
applicant that in Criminal Application (ABA) No.185/2020
(Samir S.Mahalle Vs. State through PSO., P.S. Mangrul
(Dastagir) Dist. Amravati) this Court has granted interim
protection to a co-accused in connection with the same
crime.

Issue notice, returnable in four weeks.
Ms. N. Mehta, learned Additional Public
Prosecutor waives notice for the non applicant/State.

2. Considering the nature of ofence, I am inclined to

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Bail Appln. No.265/2020
(( 2 ))

grant the application. Hence the application is allowed. The

applicant be released on bail in connection with Crime

No.0021/2020, registered at Gategaon Police Station, District

Latur for the ofence punishable under Sections 354-A, 354-C,

452 of the Indian Penal Code and Section 12 of the Protection

of Children from Sexual Ofences Act on his executing P.R.

bond in the sum of Rs.15,000/- (Rupees ffteen thousand) with

one surety in the like amount.

By way of praecipe, the applicant/petitioner appearing

through the learned Counsel prays for extension of time

granted this Court by an order dated 19 th March, 2020 and

further requests for continuation of interim protection.

2. Mr Jadhav, learned Counsel for the applicant/petitioner

invited my attention to the order of this Court dated 19 th

March, 2020. He further submits that in view of the said order

of this Court and more particularly as per para 10 thereof, the

applicant deposited a demand draft of the amount of

Rs.2,50,000/- in this Court and an undertaking was given to

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13590.19ca
(2)

this Court that the applicant would deposit the remainder

amount of Rs. 5,00,000/- on or before 2nd April, 2020. As per

para 14 of the said order, the applicant was permitted to

publish notice in Marathi newspaper ‘Divya Marathi’, Jalgaon

edition, at least five days prior to returnable date in this matter,

apart from the Court notice.

. Heard.

2. Issue notice to the respondents, returnable on 6 th May, 2020.

Learned APP waives notice for respondent No.1-State.

3. Perused the First Information Report (FIR). The FIR has been

lodged after one month of the alleged incident. Thus, the case for

grant of ad-interim protection is made out.

1 of 2

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2 25-Cri-Apeal-282-2020.doc

4. Till the next date, in the event of arrest in connection with

Crime No.28/2020 registered with Ashvi Police Station, Tal.

Sangamner, Dist. Ahmednagar for the offences punishable under

Section 3(1)(r), 3(1)(s) of the Scheduled Caste and Scheduled

Tribes (Prevention of Atrocities) Act, 1989 and under Sections 143,

147, 323 of the Indian Penal Code, the appellants be released on

executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen

Thousand) each with surety bond in the like amount.