Smt.Aashatai Mude Bahu Uddeshiya ... vs The State Of Maharashtra Thr. ...
2023 Latest Caselaw 4161 Bom

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

                                      WRIT PETITION NO. 4816 OF 2021
              Smt. Aashati Mude Bahuuddeshiya Shikshan Prasarak Mandal, Nagpur
                                                             Vs.
                                     The State of Maharashtra and others
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              Office Notes, Office Memoranda of                                Court's or Judge's Order
              Coram, appearances, Court's Orders
              or directions and Registrar's order
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                       Shri R. S. Parsodkar, Advocate for petitioner.
                       Shri A. A. Madiwale, AGP for respondent nos. 1 and 3/State.
                       Shri Nitin Khamborkar, Advocate for respondent no. 2.
                       Shri Anand Parchure, Advocate for intervenor.
                       Shri G. M. Shitut, Advocate for intervenor.
                       Shri A. O. Thakare, Advocate for intervenor.



                       CORAM :-         A. S. CHANDURKAR & M. W. CHANDWANI, JJ.

DATED :- 25.04.2023.

Rule. Rule made returnable forthwith and heard learned counsel for the parties.

2. The challenge raised in this Writ Petition is to the Government Resolution dated 23.11.2021 issued by respondent no. 1, as a result of which the School run by the petitioner - Society has been transferred to respondent no. 2-Society. Interalia, it is submitted by the learned counsel for the petitioner that necessary procedure that has been prescribed by virtue of the judgment in Jeejau Shikshan Sanstha, Nagpur Vs. State of Maharashtra [2011 (4) Mh.L.J. 352] and especially paragraph no. 23 thereof in the matter of conducting enquiry has not been undertaken. On this count it is submitted that the impugned Government Resolution transferring the School to respondent no. 2 is liable to the set aside. In addition, it is

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submitted that during the pendency of the present proceedings, the petitioner as well as respondent no. 2 have entered into a compromise by virtue of which the School in question is to be run by the petitioner -Society itself.

3. On 10.04.2023 the following order was passed :-

"Challenge raised is to the Government Resolution dated 23/11/2021 by which the Management of Smt Ashatai Mude Primary School, Nagpur has been transferred to the respondent No.2-Society. Though it is submitted by the learned counsel for the petitioner and the learned counsel for respondent No.2 that the said parties have amongst themselves arrived at a compromise, since one of the challenges raised to the Government Resolution is failure to comply with the directions issued by this Court in a decision in Jeejau Shikshan Sanstha, Nagpur vs. State of Maharashtra and ors. 2011(4) Mh.L.J. 352 and specially paragraph 23 thereof, it would be necessary to examine the same.

In the light of these aspects, the learned Assistant Government Pleader to indicate whether the procedure prescribed in paragraph 23 of the said decision was followed prior to issuance of the aforesaid Government Resolution.

Put up for further consideration on 25/04/2023."

4. Pursuant thereof the affidavit in reply has been filed by the Deputy Director of Education, Nagpur. In paragraph no. 8 of the affidavit in reply it has been observed as under:-

"8. It is most humbly submitted that, the answering respondent has complied with the directions issued by this Hon'ble Court in the decision of Jeejau Shikshan Sanstha, Nagpur Vs. State of Maharashtra and ors. 2011(4) Mh.L.J. 352, except for calling enquiry report from Education Officer. . . . . . . ."

5. Thus, from the aforesaid it is clear that the enquiry that is required to be conducted by the Education Officer and

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Vigilance Section has not been undertaken. As a result, further process of hearing objections by the Deputy Director of Education has also not taken place. It is thus clear that the impugned Government Resolution has been issued without following the prescribed procedure and hence, for the aforesaid reason the Government Resolution dated 23.11.2021 is set aside. It would be open for the respondent nos. 1 and 3 to re-consider the matter if a situation arises and in that contingency the respondent nos. 2 and 3 would be free to rely upon the compromise.

6. The Writ Petition is disposed of in the above terms. Rule accordingly. No costs.

(M. W. CHANDWANI, J.) (A. S. CHANDURKAR, J.)

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