VISHWANATH BASWANTRAO SATALKARversusTHE STAE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

2026:BHC-AUG:15132-DB

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                                WRIT PETITION NO.3269 OF 2026
                               Vishwanath Baswantrao Satalkar
                                          VERSUS
                   The State of Maharashtra Through Secretary And Others
                                              ......
            Mr. Santosh B. Gastgar, Advocate for the Petitioner
            Mr. S.B. Pulkundwar, AGP for Respondents No.1 to 4
                                              ......

                                              CORAM : SMT. VIBHA KANKANWADI AND
                                                      HITEN S. VENEGAVKAR, JJ.
                                               DATE     : 08 APRIL, 2026

            PER COURT :-

            1.     The present petition has been filed for following reliefs:

                   “(B) By issuing writ of Mandamus or any other appropriate writ,
                   order or directions like in the nature, direct the respondents No.1 to 4
                   without granting extension retire respondent No.6 due to
                   superannuation on 31.03.2026 from the post of Principal, Shivjagruti
                   Senior College Nalegaon Tq. Chakur Dist. Latur run by
                   respondent No.5 trust as per existing Rules and Regulations.

                   (C) By issuing writ of prohibition or any other appropriate writ,
                   order or directions like in the nature, to prohibit the respondents No.1
                   to 4 from granting extension of service period from 60 years to 62
                   years of respondent No.6 on the basis of proposal dated 14.01.2026
                   forwarded by alleged Managing Committee of respondent No.5 Shri.
                   Swami Vivekanand Bahuuddeshiya Vikas Mandal Nalegaon PTR No.
                   F/2659 (Latur) trust.

            2.     Learned advocate for the petitioner submits that the petitioner is

            the Founder Secretary and Founder Member/Trustee of respondent No.

            5. The trust is running an 11th and 12th Arts, Commerce and Science

            College as well as a Study Centre of Yashwantrao Chavan Open

            University, Nashik. The change reports in respect of the trust were
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pending before the Deputy Charity Commissioner, Latur, for the periods

2012–2015, 2015–2018 and 2021–2024. As per the order dated

23.01.2024, the petitioner and other executive body members in

Change Report No. 652 of 2022 were looking after the day-to-day

affairs of the trust. However, the Deputy Charity Commissioner, by order

dated 14.10.2024, rejected all the change reports. During the pendency

of the change reports, one Baburwan Manikrao Jadhav and others had

filed proceedings under Section 41-A of the Maharashtra Public Trusts

Act and had prayed for holding elections. In that respect, an order was

passed on 24.10.2024 directing the Inspector from the office of the

Charity Commissioner, Latur, to hold the elections. Accordingly, the

concerned authority conducted the elections; however, according to the

petitioner, the elections were not conducted in accordance with the bye-

laws of the trust. On the basis of the election shown to have been

conducted by the said authority, Change Report No. 227 of 2025 has

been filed. Thereafter, the valid members of the trust, along with the

petitioner, filed Change Report No. 349 of 2025 before the same

authority. Those change reports are pending before the Deputy Charity

Commissioner, Latur. As of today, no provisional acceptance of any

change report has been granted. Taking into consideration the existence

of rival groups, in fact, no action ought to have been taken; however, a

proposal has still been submitted seeking enhancement of the
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retirement age of the Principal, i.e., respondent No. 6, from 60 to 62

years, whose date of retirement is 31.03.2026. The petitioner has

submitted representations to the authority, i.e., the Joint Director of

Education, Nanded, on 14.01.2026, and therefore the petitioner has

been constrained to approach this Court.


3.         The first and foremost fact that is required to be considered is

that the petitioner is seeking relief of a restraining nature on the basis of

disputed questions of fact. This Court cannot go into the aspect as to

whether the elections that have been held were in accordance with the

procedure or the bye-laws, since the said matter is seized of by the

learned Deputy Charity Commissioner, Latur. Now, as regards the

proposal for extending the retirement age, the same is also pending

before the Joint Director of Higher Education, Nanded Division,

Nanded. The said authority is competent to take its own decision,

taking into consideration the facts and circumstances placed before him.

Therefore, no case is made out for interference under the powers under

Article 226 of the Constitution of India.


4.         The writ petition stands dismissed.



[ HITEN S. VENEGAVKAR ]                      [ SMT. VIBHA KANKANWADI ]
             JUDGE                                      JUDGE
S P Rane