Dharmarao Shikshan Mandal, Aheri ... vs The State Of Maharashtra Through ...
2022 Latest Caselaw 10205 Bom

WP 1621-15                                     1                    Judgment

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

                       WRIT PETITION NO. 1621/2015

Dharmarao Shikshan Mandal Aheri,
the Charitable Institution Registered under Bombay
Public Trust Act, 1950 bearing Registration No.F-65©
dated 28.06.1962 and Registered under Society
Registration Act, 1860 No.B-44 (Vidarbha)
Rajmata Rajkuwarbai Chowk, Rajmahal Marg,
Aheri-442705, District Gadchiroli
Through Raje Ambrishrao Raje Satyavanrao,
President of Institution, Aged 27 years.                        PETITIONER

                                    -VERSUS-

1.     The State of Maharashtra,
       through the Government Pleader,
       High Court, Bombay.

2.     The Secretary, Tribal Development,
       Government of Maharashtra, Mantralaya, Mumbai.

3.     The Commissioner,
       Tribal Development, Nasik.                             RESPONDENTS
__________________________________________________________________________
               Shri N.D. Khamborkar, counsel for the petitioner.
       Ms T.H. Khan, Assistant Government Pleader for the respondents.

CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.

DATE     : OCTOBER 04, 2022.

ORAL JUDGMENT          (PER : A.S. CHANDURKAR, J.)

The challenge raised in this writ petition is to the Government

Resolution dated 16.11.2012 passed by the Tribal Development Department of

the State of Maharashtra whereby the recognition granted to the Ashram

School being run by the petitioner came to be cancelled on permanent basis.

This action was necessitated pursuant to the inspection carried out in the

Academic Year 2009-10.

WP 1621-15 2 Judgment

2. Initially on 17.11.2009 the Commissioner, Tribal Development

Department passed an order cancelling the recognition of the Ashram School

run by the petitioner. Against that order the petitioner filed an appeal before

the State Government. By the order dated 20.05.2010 on the condition that all

deficiencies would be removed, extension was granted for the Academic Year

2010-11. It appears that even thereafter the deficiencies were not removed as a

result of which the order dated 24.01.2011 cancelling the recognition came to

be issued. Against that order the petitioner preferred Writ Petition No.1496 of

2011. In that writ petition it was urged that due opportunity was not granted

to the petitioner. Liberty was thus granted to the petitioner to make a

representation to the State Government and the State Government was directed

to re-consider the matter. On re-consideration it was noted that time to remove

the deficiencies was extended till May-2012. Despite that the petitioner failed

to remove the deficiencies as a result of which the Government Resolution

dated 16.11.2012 cancelling the recognition of the Ashram School run by the

petitioner came to be issued.

3. On hearing the learned counsel for the parties and on perusing the

record of the present proceedings it is seen that when the writ petition was

admitted on 08.02.2013 a limited interim direction was issued by permitting

an interim arrangement so as to accommodate the students taking education

therein. By a subsequent order it was found that no student was enrolled in the

school run by the petitioner as a result of which no interim relief was granted in

favour of the petitioner. In the meanwhile, the said school came to be allotted WP 1621-15 3 Judgment

to another institution and the petitioner sought to challenge that order by

amending the writ petition. By the order dated 04.09.2017 the amendment

was refused by observing that the petitioner could invoke other remedies as

available.

4. We find that the recognition granted to the Ashram School run by the

petitioner came to be withdrawn on 20.05.2010. Thereafter despite grant of

opportunity to remove the deficiencies the petitioner failed to rectify them. In

the subsequent inspection it was found that the deficiencies continued to exist.

Taking these aspects into consideration the State Government cancelled the

recognition vide the Government Resolution dated 16.11.2012. Since then the

petitioner has not been running the said Ashram School which is now allotted

to some other trust.

5. We find that the impugned Government Resolution has been passed on

the basis of material available on record and we do not find any illegality in that

regard. The deficiencies pointed out were not removed. We therefore find that

there is no reason to interfere in writ jurisdiction. The writ petition is dismissed.

However it is open for the petitioner to take necessary steps in accordance with

law if it seeks allotment of an Ashram School.

Rule stands discharged. No costs.

       (URMILA JOSHI-PHALKE, J.)               (A.S. CHANDURKAR, J.)
                                                               Signed By: Digitally signed
APTE                                                           byROHIT DATTATRAYA
                                                               APTE
                                                               Signing Date:06.10.2022 15:03