Bombay High Court
Virbhadra Dongar Parisar Gramin Vikas ... vs The State Of Maharashtra Through The ... on 13 February, 2025
2025:BHC-AUG:4129-DB
1 WP.11647-24 & ors.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.11647 OF 2024
Matoshri Panai Sevabhavi Shikshan Sanstha,
Naiknagar, Degloor Road, Udgir,
Tq. Udgir, Dist. Latur,
Through its President,
Anilkumar s/o Virbhan Pawar,
Age : 55 years, Occu : Social Work,
R/o. Naiknagar, Degloor Road, Udgir,
Tq. Udgir, Dist. Latur. ... Petitioner.
Versus
1. The State of Maharashtra,
Through the Secretary,
Other Backward Bahujan Welfare Department,
Mantralaya, Mumbai-32.
2. The Hon'ble Minister,
Co-operation and Other Backward
Bahujan Welfare Department,
Mantralaya, Mumbai-32.
3. The Director,
Other Backward Bahujan Welfare
Directorate, Pune.
4. The Regional Deputy Commissioner,
Other Backward Bahujan Welfare
Department, Nashik Division, Nashik.
5. The Assistant Commissioner,
Social Welfare, Ahmednagar,
Tq. and Dist. Ahmednagar.
6. Sanjivani Medical Training Center,
Kaudgaon, Tq. and Dist. Ahmednagar.
Through its Secretary. ... Respondents.
WITH
CIVIL APPLICATION NO.12066 OF 2024
IN WRIT PETITION/11647/2024
2 WP.11647-24 & ors.odt
Sanjivani Medical Training Center,
Through its President,
Milind Bhagwan Funde,
Age : 36 years, Occu. Social Work,
R/o Mehekari, Tq. & Dist. Ahmednagar. ... Applicant.
Versus
1. Matoshri Panai Sevabhavi Shikshan Sanstha,
Naiknagar, Degloor Road, Udgir,
Tq. Udgir, Dist. Latur,
Through its President,
Anilkumar s/o Virbhan Pawar,
Age : 55 years, Occu : Social Work,
R/o. Naiknagar, Degloor Road, Udgir,
Tq. Udgir, Dist. Latur.
2. The State of Maharashtra,
Through the Secretary,
Other Backward Bahujan Welfare Department,
Mantralaya, Mumbai-32.
3. The Hon'ble Minister,
Co-operation and Other Backward
Bahujan Welfare Department,
Mantralaya, Mumbai-32.
4. The Director,
Other Backward Bahujan Welfare
Directorate, Pune.
5. The Regional Deputy Commissioner,
Other Backward Bahujan Welfare
Department, Nashik Division, Nashik.
6. The Assistant Commissioner,
Social Welfare, Ahmednagar,
Tq. and Dist. Ahmednagar. ... Respondents.
WITH
CIVIL APPLICATION NO.390 OF 2025
IN WRIT PETITION/11647/2024
3 WP.11647-24 & ors.odt
Virbhadra Dongar Parisar Gramin
Vikas Pratishthan at Bardari,
Taluka Nagar, District Ahmednagar
Registered Trust Through its Joint Secretary,
Sonyabapu Ramdas Jadhav,
Age : 62 years, Occu. Agril. and Social Worker,
R/o Ratadgaon, Taluka Nagar,
Dist. Ahmednagar. ... Applicant.
Versus
1. The State of Maharashtra,
Through the Secretary,
Other Backward Bahujan Welfare Department,
Mantralaya, Mumbai-32.
2. The Hon'ble Minister,
Co-operation and Other Backward
Bahujan Welfare Department,
Mantralaya, Mumbai-32.
3. The Director,
Other Backward Bahujan Welfare
Directorate, Pune.
4. The Regional Deputy Commissioner,
Other Backward Bahujan Welfare
Department, Nashik Division, Nashik.
5. The Assistant Commissioner,
Social Welfare, Ahmednagar,
Tq. and Dist. Ahmednagar.
6. Sanjivani Medical Training Center,
Kaudgaon, Tq. and Dist. Ahmednagar.
Through its Secretary.
7. Matoshri Panai Sevabhavi Shikshan Sanstha,
Naiknagar, Degloor Road, Udgir,
Tq. Udgir, Dist. Latur,
Through its President,
Anilkumar s/o Virbhan Pawar,
Age : 55 years, Occu : Social Work,
4 WP.11647-24 & ors.odt
R/o. Naiknagar, Degloor Road, Udgir,
Tq. Udgir, Dist. Latur. ... Respondents.
WITH
WRIT PETITION NO.12917 OF 2024
Virbhadra Dongar Parisar Gramin
Vikas Pratishthan at Bardari,
Taluka Nagar, District Ahmednagar
Registered Trust Through its Joint Secretary,
Sonyabapu Ramdas Jadhav,
Age : 62 years, Occu. Agril. and Social Worker,
R/o Ratadgaon, Taluka Nagar,
Dist. Ahmednagar. ... Petitioner.
Versus
1. The State of Maharashtra,
Through its Secretary,
Other Backward Bahujan Welfare Department,
Mantralaya, Mumbai.
2. The Deputy Secretary,
Other Backward Bahujan Welfare Department,
Maharashtra State, Mumbai.
3. The Director,
Directorate of Other Backward Bahujan Welfare,
Maharashtra State, Pune.
4. The Assistant Commissioner,
Social Welfare, Ahmednagar,
District Ahmednagar.
5. Sanjivani Medical Training Center,
Kaudgaon, Taluka Nagar, District Ahmednagar.
Through its President/Secretary.
6. Matoshri Panai Sevabhavi Shikshan Sanstha,
Naiknagar, Degloor Road, Udgir,
Tq. Udgir, Dist. Latur,
Through its President ... Respondents.
5 WP.11647-24 & ors.odt
...
Advocates for Petitioner in WP/11647/2024 : Mr. V. D. Gunale
& Mr. S. G. Rudrawar.
AGP for Respondents-State in both WP : Mr. A. S. Shinde.
Advocate for Respondent No.6 in WP/11647/2024 : Mr. G. L.
Deshpande.
Advocate for Applicant in CA/390/2025 : Mr. V. H. Dighe.
Advocate for Applicant in CA/12066/2024 : Mr. G. L.
Deshpande.
Advocate for Petitioner in WP/12917/2024 : Mr. V. H. Dighe.
Advocate for Respondent No.5 in WP/12917/2024 : Mr. G. L.
Deshpande.
Advocate for Respondent No.6 in WP/12917/2024 : Mr. V. D.
Gunale & Mr. S. G. Rudrawar.
...
CORAM : S. G. MEHARE, AND
SHAILESH P. BRAHME, JJ.
RESERVED ON : 29.01.2025
PRONOUNCED ON : 13.02.2025
JUDGMENT :
(Per S. G. Mehare, J.) :-
1. Rule. Rule made returnable forthwith and heard finally
by consent of the parties.
2. The petitioner in Writ Petition No.11647 of 2024 has
impugned the order of transferring the primary Ashram School
of Baradari to the respondent No.6 Sanjivani Medical Training
Center, Kaudgaon, Taluka and District Ahmednagar by
impugned order dated 01.10.2024.
3. The petitioner in Writ Petition No.12917 of 2024 has
impugned the order dated 27.04.2022 cancelling the approval
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of the school which was subsequently transferred to the
petitioner in Writ Petition No.11647 of 2024 by the impugned
order. He has also impugned the order dated 01.10.2024
transferring the said school to the respondent No.6 institution.
4. The facts of the case in brief were that the petitioner
Virbhadra Dongar Parisar Gramin Vikas Pratishtahan Sanstha
was allotted a primary Ashram School. However, the said
institution failed to follow the rules and regulations. Therefore,
their approval was cancelled by order dated 27.04.2022. It
neither preferred the appeal nor impugned the said order.
However, thereafter, they had impugned the said order by way
of appeal. In the mean time, the school was transferred to the
petitioner in Writ Petition No.11467 of 2024 and subsequently
it was also cancelled and transferred to respondent No.6. The
petitioner in Writ Petition No.11647 of 2024 had preferred the
appeal before the Hon'ble Minister against the cancellation of
the approval. The Hon'ble Minister by order dated 24.08.2023
dismissed the appeal. Thereafter, by following due process, the
impugned order dated 01.10.2024 was passed.
5. The petitioner in Writ Petition No.11647 of 2024 has
assailed the impugned order mainly on the grounds that by the
communication dated 21.06.2022, it was transferred to the
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petitioner by following due procedure by order dated
29.06.2022. However, respondent No.2 without notice to the
petitioner and following the due procedure of law has
cancelled and transferred it to the respondent No.6.
Thereafter, the advertisement was issued for granting sanction
transfer. However, by writ petition No.6983 of 2023 the
advertisement was stayed and respondent Nos.1 and 2 were
directed to decide the appeal on merit. They have assailed the
reasons assigned for the rejection of their appeal. There was
no fault on the part of the petitioner. Not following the
procedure of transferring the institution to the petitioner by
order dated 29.06.2022, it should not be faulted with and
punished.
6. The respondent No.6 has heavily assailed the petition
containing that the allotment/sanction of the school to the
petitioner was in violation of the norms.
7. In the nutshell, the issue revolve around the cancellation
of the registration and transferring the Ashram School.
8. Learned counsel for the petitioners have referred to the
certain Government Resolutions prescribing the procedure for
allotting the Ashram school, cancelling the registration as well
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as transferring the school after its closure. Hence, we would
like to refer certain relevant rules/procedure laid in the
Government Resolution dated 24.04.2018. This Government
Resolution speaks of transferring /shifting the closed Ashram
school to another institution. The procedure has been laid
down in Clause-A, in brief it provides that after the school
registration is cancelled a public advertisement be published in
the State level newspaper through the concerned Directorate.
The next condition was that the school of which registration is
cancelled and is granted aid should be transferred in the same
revenue division. The interested institution must be registered
under the Maharashtra Public Trust Act, 1950 having the object
of education running, residential school. Such institution
should be in Maharashtra State only. After the proposal is
submitted, pursuant to the advertisement District/Regional
offices of the concerned Directorate should submit the
illegalities of such institution to the Government along with
other relevant information. State level committee recommend
the interested institution application to the Government.
Thereafter, the Government would take appropriate decision
and the decision of the Government would be final. One of the
conditions for transferring the closed school was that if the
school is closed for want of students, such school should be
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opened again on the same place. A care of the employee/staff
has also been taken.
9. Another Government Resolution dated 13.01.2021 is
relevant to decide the right of the petitioner in Writ Petition
No.12917 of 2024. By this Government Resolution, it has been
resolved that the institution whose registration is cancelled
would not be given, the same school again or their proposal
cannot be considered.
10. Petitioner in Writ Petition No.12917 of 2024 was granted
Primary Ashram school. However, its registration was
cancelled, by order dated 27.04.2022, under regulation 109 of
Maharashtra Primary Education Act, 1949 as well as the
Ashram School Code, Clause No.3.5 and under Clause 1 and 2
of the Government Resolution. After the cancellation of the
school, it was transferred to petitioner in Writ Petition
No.11647 of 2024. Its registration was also cancelled by order
dated 13.01.2023 because the procedure laid down in the
Government Resolution dated 24.04.2018 was not followed.
Thereafter, a fresh advertisement was issued. Though the
petitioner avoided to plead this fact, it had again participated
in a fresh advertisement. However, his proposal was not
considered. He has filed this writ petition seeking the
10 WP.11647-24 & ors.odt
cancellation of the allotment of the school to the respondent
No.6 institution.
11. A first serious objection as has been raised by the learned
counsel Mr. Deshpande for the respondent No.6 that writ
petition No.11647 of 2024 should be dismissed for suppression
of the material fact. The petitioner never disclosed that after
cancellation of its registration, he participated in a fresh
process of allotment and directly filed writ petition. Not only
this, its appeal has also been dismissed by the Government.
The petitioner has preferred writ petition No.6983 of 2023
challenging the advertisement dated 21.06.2023 inviting
application for transferring the Ashram school in question. The
process of transferring the school in view of that advertisement
was stayed by the Coordinate Bench on 26.06.2023. In this
writ petition, by order dated 17.10.2024, it has been observed
that the Hon'ble Minister has decided the appeal of the
petitioner on 24.08.2023. However, the petitioner has
incorrectly alleged that it was never communicated to it and all
of sudden, by impugned order dated 01.10.2024, the school
was transferred to respondent No.6.
12. Learned counsel for respondent No.6 has pointed out
that after the fresh advertisement, the applications were
11 WP.11647-24 & ors.odt
invited, the petitioner has participated. During the selection
process, some short falls were sought for. The petitioner also
complied with and after considering the explanation as sought
by the letter referred to in order dated 25.01.2024. Other
Backward Bahujan Welfare Directorate referred the matter to
the Chief Secretary and then the impugned decision has been
taken. The serious objections were taken by respondent No.6
by Civil Application No.12066 of 2024 as mentioned above and
asked to vacate the interim stay dated 17.10.2024. However,
we have heard the matter on merit by giving opportunity to all
respective learned counsels.
13. The legality of the impugned order of the Hon'ble
Minister dated 24.08.2023 has also been impugned in this writ
petition.
14. Learned counsel for the petitioner Mr. Gunale would
submit that the Hon'ble Minister did not consider that the
grounds on which the school is cancelled were perverse and all
those defects were curable. The Hon'ble Minister has
considered the Government Resolution dated 24.04.2018 and
observed that the process laid down in that Government
Resolution was not considered. However, the petitioner has no
contra evidence to believe that the school in question was
12 WP.11647-24 & ors.odt
allotted to it by order dated 29.06.2022 was in compliance
with the terms and conditions required as per the Government
Resolution dated 24.04.2018. So, we do not find any substance
in the arguments of the learned counsel for the petitioner that
the cancellation of their school is illegal.
15. As far as the claim about allotting the school to
respondent No.6 is concerned, it has been vehemently argued
that no hearing was given by the Hon'ble Minister, is also
falsified by the reasoned order by Hon'ble Minister. It
specifically indicates that hearing was kept on 12.07.2023 and
the petitioner had advanced the arguments there. This ground
seems to be against the facts of the case, hence, cannot be
considered.
16. The order dated 01.10.2024 has been challenged on the
sole ground that the order of the Hon'ble Minister dated
24.08.2023 is without giving opportunity. Therefore,
consequently the order dated 01.10.2024 is illegal. At the cost
of repetition, we may record the findings that after a fresh
advertisement was issued, the petitioner participated in the
process and his proposal was not accepted. Already the
registration of the petitioner had been cancelled. Therefore, in
13 WP.11647-24 & ors.odt
view of the Government Resolution dated 13.01.2021, the
petitioner is not entitled to get the Ashram school.
17. Learned AGP referring to the affidavit-in-reply has
vehemently argued that the impugned order granting or
transferring the school in question to respondent No.6 is
perfectly in view of the Government Resolutions. Its appeal
was also dismissed on merit. The order granting or transferring
the school to the petitioner by dated 29.06.2022 was cancelled
to avoid the contempt of direction of the Hon'ble Supreme
Court dated 05.03.2019. His arguments revolved around the
conduct of the petitioner and suppression of facts.
18. We have discussed the various provisions of law and
facts of the case along with a Government dated 13.01.2021
which debars the institutions whose registration has been
cancelled. We do not find substance in the arguments of the
learned counsel for the petitioner that the order of the Hon'ble
Minister dated 24.08.2023 is illegal and perverse. On the
contrary, the petitioner has tried to suppress the facts while
securing the interim stay. The petition is devoid of merits,
hence, liable to be dismissed.
14 WP.11647-24 & ors.odt
19. So far as the writ petition No.12917 of 2024 is
concerned, they have challenged the order dated 01.10.2024
and 27.04.2022. By this order, the registration of the school
was cancelled for the reason that there was a internal dispute
amongst the trustees and their dispute has not been decided
for last 14 years. In inspection, the record of the trust was not
available and no response was given to the Assistant
Commissioner of Welfare and most importantly the admitted
students were not given the facilities.
20. Learned counsel for the petitioner Mr. Dighe has argued
that against the order dated 27.04.2022, an appeal has been
preferred and it is pending. Condition No.3 in the impugned
order dated 01.10.2024 that from the date of the Government
Resolution the respondent No.5 did not purchase two acres of
land. Therefore, that order is liable to be called back. The
learned AGP would submit that the order granting school to
respondent No.6 was never challenged. Unless that order has
been challenged the petitioner has no voice to challenge the
impugned order dated 01.10.2024. Learned counsel Mr.
Gaurav Deshpande has vehemently opposed the ground raised
by the petitioner and argued that the impugned order dated
01.10.2024 was passed after following the due procedure and
15 WP.11647-24 & ors.odt
guidelines issued by the High Court in writ petition at Principal
Seat. He would also argue that the so called ground raised for
non-compliance of Clause 3 of the impugned order is
concerned, there is absolutely no pleading or grounds raised to
that effect. It is a matter of investigation of the fact and does
not fall within the jurisdiction of this Court.
21. We have gone through the facts of the case and
impugned order. The first question is the appeal against the
rejection of the school is still pending. So, the grounds
indirectly raised that affecting the appeal cannot be
considered. We are of the opinion that these petitioners have
woke up late. Whether the cancellation of its school is legal or
not is to be tested first by the Appellate Authority. The
question has also been raised that the appeal ought to have
been filed within 15 days. This question can also be
considered by the learned Appellate Authority. Prima facie, we
have not satisfied that there is no substance in these writ
petitions.
22. For the reasons mentioned above, both writ petitions
stand dismissed.
23. Rule made discharged. No order as to costs.
16 WP.11647-24 & ors.odt
24. Pending civil applications stand disposed of accordingly.
(SHAILESH P. BRAHME, J.) (S. G. MEHARE, J.)
...
vmk/-
