Bombay High Court
Indian Progressive ... vs The State Of Mah. Thr. Its Secty., ... on 28 February, 2017
Bench: V.A. Naik
J-wp5551.07 & 2078.09.odt 1/7
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION No.5551 OF 2007
Indian Progressive Education Society,
Nagpur, through its Secretary,
Shri Madhukar s/o. Mahadeorao Maske,
Aged about 57 years,
Occupation : Service,
Office at 470, Chandanbai Layout,
Nagpur-440 009. : PETITIONER
...VERSUS...
1. State of Maharashtra,
through its Secretary,
Department of School Education,
Mantralaya, Mumbai-32.
2. The Deputy Director of Education,
State of Maharashtra,
Nagpur Division, Civil Lines,
Old Morris College Premises,
Nagpur.
3. The Education Officer (Secondary),
Zilla Parishad, Nagpur.
4. Ujwal Shikshan Prasarak Mandal,
through its Secretary,
Shri Vinod Mendhe, Nagbhid,
District : Chandrapur.
5. Uday Night School,
through its President,
Shri Haridas Ganpatrao Tembhurne,
Bhankheda, Timki, Nagpur-440 018.
6. Ujwal Shikshan Prasarak Mandal,
Nagbhid, through its President,
Shri Ganesh Jairamji Tarvekar,
::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:54:00 :::
J-wp5551.07 & 2078.09.odt 2/7
Nagbhid, Distt. Chandrapur.
7. Uday High School,
through its Head Master,
Amtuji Nagar, Bhandewadi,
Nagpur. : RESPONDENTS
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Shri B.G. Kulkarni, Advocate for the Petitioner.
Shri K.L. Dharmadhikari, Asstt. Government Pleader for the Respondent Nos.1
to 3.
Shri N.P. Khamborkar, Advocate for the Respondent No.4.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
WITH
WRIT PETITION No.2078 OF 2009
Indian Progressive Education Society,
Nagpur, through its Secretary,
Shri Madhukar s/o. Mahadeorao Maske,
Aged about 60 years,
Occupation : Retired,
Office at 470, Chandanbai Layout,
Nagpur-440 009. : PETITIONER
...VERSUS...
1. State of Maharashtra,
through its Secretary,
Department of School Education,
Mantralaya, Mumbai-32.
2. The Deputy Director of Education,
State of Maharashtra,
Nagpur Division, Civil Lines,
Old Morris College Premises,
Nagpur.
3. The Education Officer (Secondary),
Zilla Parishad, Nagpur.
::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:54:00 :::
J-wp5551.07 & 2078.09.odt 3/7
4. Ujwal Shikshan Prasarak Mandal,
through its Secretary,
Shri Vinod Mendhe, Nagbhid,
District : Chandrapur. : RESPONDENTS
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Shri B.G. Kulkarni, Advocate for the Petitioner.
Shri K.L. Dharmadhikari, Asstt. Government Pleader for the Respondent Nos.1
to 3.
Shri N.P. Khamborkar, Advocate for the Respondent No.4.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
CORAM : SMT. VASANTI A. NAIK AND
V.M.DESHPANDE, JJ.
DATE : 28 th
FEBRUARY, 2017.
ORAL JUDGMENT : (PER : Smt. Vasanti A. Naik, J.)
Since the issue involved in both the petitions is identical and
similar questions are raised therein, they are heard together and are
decided by this common order.
The petitioner is an education society that runs a school in
Bhandewadi, Pardi. According to the petitioner, there are five schools in
Bhandewadi, however, on an application made by the respondent No.4,
for transfer of its school from Bhankheda to Bhandewadi, which is about
10 km. from Bhankheda, the State Government has granted permission
to the respondent No.4 to transfer the school. It is stated that the
management of the school was transferred in favour of the respondent
No.4 on 21.2.2007 and permission was sought by the said management
J-wp5551.07 & 2078.09.odt 4/7
to transfer the school from Bhankheda to Bhandewadi. The matter came
up in a writ petition before this Court, bearing Writ Petition
No.2270/2007 and this Court held that unless permission is granted to
the respondent No.4 to shift the school at Bhandewadi, the respondent
No.4 cannot run the school in the said place. This Court directed that
hearing be granted to the petitioner and the respondent No.4 in the
matter of transfer of school. The State Government passed an order on
23.7.2007 permitting the respondent No.4 to transfer the school at
Bhandewadi. However, it was realized by the State Government that the
directions of this Court in Writ Petition No.2270/2007 that provided for
a hearing to the petitioner were not followed and hence the order dated
23.7.2007 was cancelled. The Education Officer then inspected the
school and after hearing the parties, the State Government passed the
impugned order permitting the respondent No.4 to transfer the school
from Bhankheda to Bhandewadi. The action on the part of the
respondents to permit the respondent No.4 to transfer the school is
challenged by the petitioner society.
Shri B.G. Kulkarni, the learned counsel for the petitioner
submitted that the transfer of the respondent No.4 School to Bhandewadi
has resulted in unhealthy competition. It is submitted that the State
Government ought to have heard the petitioner and it was not enough
for the State Government to pass an order on the basis of the hearing
J-wp5551.07 & 2078.09.odt 5/7
granted by the Deputy Director of Education. It is stated that it was
necessary for the respondent No.4 to secure the permission from the
Charity Commissioner for transferring the school to Bhandewadi and
since condition No.8, pertaining to the permission of the Charity
Commissioner is not fulfilled, the school cannot be shifted by the
respondent No.4 at Bhandewadi.
Shri K.L. Dharmadhikari, the learned Assistant Government
Pleader appearing for the respondent Nos.1 to 3 and Shri N.D.
Khamborkar, the learned counsel for the respondent No.4 school have
opposed the prayers made in the writ petitions. It is submitted that after
this Court passed an order in Writ Petition No.2270/2007, hearing was
granted by the Deputy Director of Education to the petitioner and the
respondent No.4 and a report was submitted by the said authority to the
State Government. It is stated that the Education Officer had inspected
the school and had found that there was no impediment in transferring
the school from Bhankheda to Bhandewadi. It is stated that permission
of the Charity Commissioner would not required for transferring the
school, as transferring the school would not mean the transferring of the
property of the trust.
On hearing the learned counsel for the parties, it appears that
there is no scope for interference with the impugned order in exercise of
the writ jurisdiction. Firstly, the school is transferred by the respondent
J-wp5551.07 & 2078.09.odt 6/7
No.4 to Bhandewadi in the year 2007 and the school is running at
Bhandewadi for almost 10 years. After this Court disposed of Writ
Petition No.2270/2007 by the order dated 21.6.2007, initially, the State
Government had mistakenly passed the order on 23.7.2007 permitting
the transfer of the school without hearing the petitioner society.
However, the said mistake was realized by the State Government and the
order dated 23.7.2007 was cancelled and the Education Officer,
inspected the school premises and the Deputy Director of Education
granted a hearing to the petitioner and the respondent No.4. A report
was prepared by the said authorities and submitted to the State
Government. When the State Government realized that there was no
difficulty in permitting the transfer of the school from Bhankheda to
Bhandewadi, by the impugned order, permission was granted to the
respondent No.4 to transfer the school. It is rightly submitted on behalf
of the respondents that since transfer of school from one place to another
would not mean transferring a property, permission of the Charity
Commissioner would not be required before seeking the transfer of the
school from one place to another. It appears that the State Government
has relaxed the said condition and the said document is placed by the
respondent No.4 on record. Even otherwise, for almost 10 years, the
respondent No.4 is running the school at Bhandewadi and it would not
be proper to interfere with the impugned order at this stage.
J-wp5551.07 & 2078.09.odt 7/7
Hence, for the reasons aforesaid, the writ petitions stand
dismissed with no order as to costs.
JUDGE JUDGE
okMksns
