Parivartan Shikshan Sanstha, ... vs State Of Maha. Thr. Chief Secy., ...
2022 Latest Caselaw 11370 Bom

WP 3412-21                                        1                      Judgment

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        NAGPUR BENCH, NAGPUR.

                          WRIT PETITION NO. 3412/2021

Parivartan Shikshan Sanstha, Basela Post Gose (Bk.),
Tah. Paoni, District - Bhandara, through its
Secretary Sanjay Ghodke, Aged 52 years, R/o Basela,
Post Gose (Bk.), Tah. Paoni, Distt. Bhandara.                       PETITIONER

                                      -VERSUS-
1.        The State of Maharashtra,
          Through its Chief Secretary, V.J.N.T., O.B.C.
          and Spl. Backward Class Department,
          Mantralaya, Mumbai - 32.
2.        The Hon'ble Minister, V.J.N.T., O.B.C. and
          Special Backward Class, Maharashtra State,
          Mantralaya, Mumbai - 32.
3.        The Director, V.J.N.T., O.B.C. and Social
          Welfare of Special Backward Class
          Directorate, 3 Church Road, Maharashtra
          State, Pune 01.
4.        The Deputy Commissioner,
          Social Welfare, Nagpur Division, Nagpur.

5.        Sayali Bahu-uddeshiya Shikshan Sanstha,
          Rawanwadi, New Shukrawari, Nagpur,
          Through its Secretary.                                 RESPONDENTS
__________________________________________________________________________
                     Shri R.N. Ghuge, counsel for the petitioner.
     Ms S.S. Jachak, Assistant Government Pleader for the respondent nos.1 to 4.
       Shri R.L. Khapre, Senior Advocate with Shri A.S. Dhore, counsel for the
                                  respondent no.5.


CORAM :           A. S. CHANDURKAR        AND     URMILA JOSHI-PHALKE, JJ.
DATE ON WHICH ARGUMENTS WERE HEARD                    : 23RD SEPTEMBER, 2022.
DATE ON WHICH JUDGMENT IS PRONOUNCED : 10TH NOVEMBER, 2022.
JUDGMENT           (PER : A.S. CHANDURKAR, J.)

RULE. Rule made returnable forthwith and heard the learned

counsel for the parties.

WP 3412-21 2 Judgment

2. The challenge raised in this writ petition is to the Government

Resolution dated 05.03.2019 issued by the State Government through its

Vimukta Jati, Nomadic Tribes, Other Backward Class and Special

Backward Class Welfare Department by which Baba Khatalu Secondary

Ashram School, Gose (Bu.), Taluka Paoni, District Bhandara has been

transferred to the respondent no.5-Society. A subsequent order dated

10.05.2021 also passed by the State Government refusing to re-consider

the earlier Government Resolution dated 05.03.2019 is also under

challenge.

3. In January-2018 the State Government issued an advertisement

inviting applications from interested education societies that were

desirous of running the primary as well as the secondary Ashram Schools

that were being conducted by Lokjagruti Shikshan Sanstha at Village Gose

(Bu.), Taluka Paoni, District Bhandara that had been closed down. The

recognition of the said schools came to be cancelled on 30.05.2013.

Applications were required to be submitted by 22.02.2018. The

petitioner claims to have submitted its proposal on 21.02.2018.

Subsequently on 29.05.2018 the aforesaid department issued another

advertisement inviting applications from interested education societies for

running the Ashram Schools that had been earlier closed down. This

advertisement pertained to seven such Ashram Schools including the

primary as well as secondary Ashram Schools at Gose (Bu.), Taluka Paoni, WP 3412-21 3 Judgment

District Bhandara. In the advertisement it was stated that some

applications had been received pursuant to the earlier advertisement

issued in January-2018. Such applicants were directed to apply afresh

pursuant to the advertisement dated 29.05.2018 and applications were

required to be made in accordance with the Government Resolution dated

24.04.2018.

4. It is the case of the petitioner that pursuant to the earlier

advertisement it had moved an application indicating its interest in

running the primary/secondary Ashram School at Gose (Bu.), Taluka

Paoni, District Bhandara. Despite submitting its application in the

requisite form, according to the petitioner the same was not considered

and instead on 05.03.2019 the secondary Ashram School at Gose (Bu.),

Taluka Paoni, District Bhandara came to be allotted to the respondent

no.5-Society. Being aggrieved by the aforesaid decision the petitioner on

01.04.2019 preferred an appeal before the Hon'ble Minister of Vimukta

Jati, Nomadic Tribes, Other Backward Class and Special Backward Class

Welfare Department. Since the appeals were not being adjudicated the

petitioner-Society preferred Writ Petition Nos.4551 of 2019 and 4572 of

2019 praying that directions be issued to the State Government to decide

the said appeals expeditiously. On 07.01.2020 this Court directed the

aforesaid appeals to be decided expeditiously. In accordance therewith

the State Government on 10.05.2019 decided the said proceedings. The WP 3412-21 4 Judgment

appeals preferred by the petitioner-Society were not entertained on the

ground that the application preferred by the petitioner-Society seeking

allotment of the secondary Ashram School was not found on record.

Being aggrieved by this communication as well as the initial order

(Government Resolution) dated 05.03.2019 allotting the secondary

Ashram School to the respondent no.5-Society, the present writ petition

has been filed.

5. Shri R.N. Ghuge, learned counsel for the petitioner submitted that

the petitioner-Society had submitted its complete application seeking

allotment of the secondary Ashram School pursuant to the advertisements

dated 25.01.2018 and 29.05.2018. Despite receiving the application the

same was not considered by the State Government while issuing the

Government Resolution dated 05.03.2019 thereby allotting the Ashram

School in favour of the respondent no.5-Society. Even in the subsequent

proceedings seeking re-consideration of the earlier decision it was pointed

out by the petitioner-Society that such application had been duly made.

Despite that the petitioner's application was not considered. The learned

counsel further submitted that even otherwise the allotment of the

secondary Ashram School in favour of the respondent no.5-Society was

contrary to the norms prescribed by the Government Resolution dated

24.04.2018. While preference was required to be given to interested

societies situated within the same district the allotment had been made to WP 3412-21 5 Judgment

the respondent no.5-Society which did not have its operations in

Bhandara district. Attention was invited to the decision of the Hon'ble

Supreme Court in Sant Dnyaneshwar Shikshan Sanstha & Another Versus

State of Maharashtra & Others [2019 (4) Scale 1]. It was further

submitted that initially the distance criteria which was fixed at fifty

kilometers on the basis of which interested societies could make their

application, said criteria was reduced to ten kilometers by issuing

Government Resolution dated 23.07.2019. Reference was also made to

an order passed in Writ Petition No.2954 of 2019 [Kai.Tilokchand Kuche

Shikshan Prasarak Mandal Versus The State of Maharashtra & Others ] at

the Aurangabad Bench wherein the absence of reflection of satisfaction of

necessary conditions while exercising discretion under Clause 26 of the

Government Resolution dated 24.04.2018 was considered. In the light of

the interim orders passed therein the State Government had reconsidered

its earlier decision of transferring an Ashram School to a society beyond

fifty kilometers. It was thus submitted that by failing to consider the

petitioner's application seeking allotment of the secondary Ashram

School, grave prejudice had been caused to the petitioner-Society.

Further, the allotment in favour of the respondent no.5 being contrary to

the Government Resolution dated 24.04.2018 was liable to be set asie.

6. Ms S.S. Jachak, learned Assistant Government Pleader for the

respondent nos.1 to 4 opposed the aforesaid submissions and relied upon WP 3412-21 6 Judgment

the affidavit-in-reply filed on their behalf. It was submitted that after

considering all relevant aspects the secondary Ashram School was allotted

to the respondent no.5-Society. As per the material on record the

discretion exercised in terms of Clause 26 of the Government Resolution

dated 24.04.2018 was justified and did not call for any interference.

After allotment of the said secondary Ashram School it was being run in a

satisfactory manner by the respondent no.5-Society and hence there was

no reason to interfere with the impugned orders.

7. Shri R.L. Khapre, learned Senior Advocate for the respondent no.5-

Society also opposed the writ petition. It was submitted that since it was

found by the State Government that no application has been preferred by

the petitioner-Society it could not be said that the petitioner's case had

not been considered. It was necessary for an interested society to submit

an independent and separate proposal since allotment of primary as well

as secondary Ashram Schools was required to be undertaken. For each

proposal, fees of Rupees Ten Thousand each were required to be

deposited. This compliance was not shown to have been done by the

petitioner-Society. In view of the fact that the respondent no.5-Society

was running the secondary Ashram School satisfactorily after its

allotment coupled with the fact that the services of the existing staff had

been absorbed, there was no reason to interfere in exercise of writ

jurisdiction.

WP 3412-21 7 Judgment

8. We have heard the learned counsel for the parties and we have

perused the documents placed on record. It may be noted that the order

dated 05.03.2019 allotting the secondary Ashram School to the

respondent no.5-Society is also the subject matter of challenge in Writ

Petition No.6781 of 2019 preferred by Navshakti Education Society &

Another. By the judgment pronounced in the aforesaid writ petition

today, it has been held that the allotment of the secondary Ashram School

in favour of the respondent no.5 herein was not in accordance with the

Government Resolution dated 24.04.2018. The said allotment was not

shown to have been made in a transparent manner. Since a challenge has

also been raised to the said order dated 05.03.2019 allotting the

secondary Ashram School to the respondent no.5-Society which challenge

has been accepted, it is not found necessary to enter into the merits of the

challenge as raised to the very same order in this writ petition. While

setting aside the order dated 05.03.2019 the State Government has been

directed to re-consider the matter of allotment of the secondary Ashram

School in accordance with the prevailing policy and preferably by issuing

a fresh advertisement. In the present case there is a dispute with regard

to the petitioner-Society having moved an application seeking allotment

of the secondary Ashram School. In the light of the directions issued in

Writ Petition No.6781 of 2019 it would be open for the petitioner-Society

to participate in the fresh process of allotment that is to take place in the

academic session 2023-24. In the light of the fact that the order dated WP 3412-21 8 Judgment

05.03.2019 passed by the State Government stands set aside in Writ

Petition No.6781 of 2019 the purpose of preferring the present writ

petition stands served.

9. Accordingly, the following order is passed:-

I. In the light of the fact that the order issued by the State Government allotting the secondary Ashram School at Gose (Bu.), Taluka Paoni, District Bhandara has been set aside in Writ Petition No.6781 of 2019, the Government Resolution dated 05.03.2019 impugned in the present writ petition ceases to exist. II. Consequently, the subsequent order dated 10.05.2021 also does not survive and it is also set aside.

III. The State Government is directed to re-consider the matter of allotment of said Ashram School in accordance with the prevailing policy and preferably by issuing a fresh advertisement in that regard. It would be open for the petitioner-Society to seek allotment of the secondary Ashram School in accordance with the procedure prescribed.

10. The writ petition is disposed of in aforesaid terms. Rule

accordingly. No costs.

       (URMILA JOSHI-PHALKE, J.)          (A.S. CHANDURKAR, J.)

APTE




                                                       Signed By: Digitally signed
                                                       byROHIT DATTATRAYA
                                                       APTE
                                                       Signing Date:10.11.2022 18:01