Back
2019 Supreme(SC) 240
SUPREME COURT OF INDIA
UDAY UMESH LALIT, DINESH MAHESHWARI, JJ.
SANT DNYANESHWAR SHIKSHAN SANSTHA AND ANR. – Appellants
VERSUS
STATE OF MAHARASHTRA AND ORS. – Respondents
CIVIL APPEAL NO. 9384 OF 2014
WITH
SANT DNYANESHWAR SHIKSHAN SANSTHA AND ANR. – Appellants
VERSUS
STATE OF MAHARASHTRA AND ORS. – Respondents
CIVIL APPEAL NO. 9385 OF 2014
WITH
STATE OF MAHARASHTRA AND ORS. ETC. – Appellants
VERSUS
MANISHA BHIMRAJ PATIL & ORS. ETC. – Respondents
CIVIL APPEAL NOS. 9673-9674 OF 2014
Decided On : 05-03-2019
Advocate Appeared
Mr. Arun R. Pedneker, Adv. Mr. Nishant Ramakantrao Katneshwarkar, AOR Mr. Sudhanshu S. Choudhari, AOR Mr. Yogesh Kolte, Adv. Ms. Surabhi Guleria, Adv. Ms. Nandini Singla, Adv. Vatsalya Vigya, Adv. Mr. Shakul R. Ghatole, Adv. Ms. Manju Jetley, AOR Mr. Amol B. Karande, AOR Mr. Sudhanshu S. Choudhari, AOR Mr. Rutwik Panda, AOR Ms. Anshu Malik, Adv. Ms. Nikhar Benry, Adv. Mr. Praveen Chaturvedi, AOR Mr. Somanatha Padhan, AOR Mr. Ashok Anand, Adv. Mr. Rakesh K. Singh, Adv., Mr. B.B. Singh, Adv., for the appearing Parties.
IMPORTANT POINTS
State should not change its stand case to case.
Recognition of educational institutions cannot be treated like business licence.
Headnote:(a) Administration of justice – Judicial propriety – In a similar earlier litigation State not challenging decision of High Court and same attaining finality – In present case State taking a different stand – Not proper. (Para 10)
(b) School education – Recognition of educational institutions cannot be treated like business licence – Normally transfer of an institution can be transferred within 10 kms, but instantly the Shala transferred to a place 400 kms away – Not justified. (Para 12)
2012(6) MhLJ 836 – Cited with approval
Facts of the case:
A Primary Ashram School was being run by Banjara Magasvargiya Shikshan Prasarak Mandal in the name of Prabodhankar Thakare Prathmik Ashram Shala, Talegaon Tanda, Taluka-Chasligaon, Distt-Jalgaon. Around 2009 certain irregularities and deficiencies having been found, the recognition granted to said Ashram Shala came to be withdrawn on 23.08.2010 for not taking corrective steps with regard to deficient infrastructural facilities. By the same order the students of said Ashram Shala were directed to be absorbed in nearby Ashram Schools.
The employees at Sl.Nos.10,11 and 12 were temporarily adjusted in the office of Special District Welfare Officer and after review of vacant posts in the division, the adjustment of said employees was to be undertaken.
On 02.01.2012 a Resolution was passed by Government of Maharashtra accepting proposal of handing over said Ashram Shala to another entity named Sant Dnyaneshwar Shikshan Sanstha, Islampur, Taluka Walava, District Sangli (appellant in Civil Appeal No.9384 and 9385 of 2014) whereunder the entire Ashram Shala which had been closed down was to be transferred to a place at a distance of 400 kms.
The employees of erstwhile Ashram Shala who were absorbed in various posts challenged the Resolution dated 02.01.2012 and communication issued to each of those employees on 06.04.2012 to report at the new place, by filing Writ Petition which has been allowed. It is a matter of record that since April, 2012 the employees have not received any payment towards salary or emoluments.
Finding of the Court:
Recognition of educational institutions cannot be treated like business licence.
Result: Appeals dismissed.
JUDGMENT
Uday Umesh Lalit, J.
1. These appeals by special leave challenge the correctness of the judgment and order dated 22.10.2013 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Writ Petition Nos.6537 of 2012 and 3728 of 2012 respectively.
2. A Primary Ashram School was being run by Banjara Magasvargiya Shikshan Prasarak Mandal in the name of Prabodhankar Thakare Prathmik Ashram Shala, Talegaon Tanda, Taluka-Chasligaon, Distt-Jalgaon. Around 2009 certain irregularities and deficiencies having been found, a report was submitted to the Director of VJNT, OBC, Social Welfare of Special Backward Class, Pune. Consequently, the recognition granted to said Ashram Shala came to be withdrawn on 23.08.2010 for not taking corrective steps with regard to deficient infrastructural facilities. By the same order the students of said Ashram Shala were directed to be absorbed in nearby Ashram Schools.
3. By subsequent order dated 15.12.2010 passed by the Director, permission/no objection was given to absorb the employees of said Ashram Shala in other Primary Ashram Schools recognized by the Government. In a tabulated chart, the order noted the names of Primary Ashram Schools where each of those employees was to be absorbed and directed the employees to report within seven days. The employees at Sl.Nos.10,11 and 12 were temporarily adjusted in the office of Special District Welfare Officer and after review of vacant posts in the division, the adjustment of said employees was to be undertaken. In partial modification of the aforesaid order, an order was passed on 18.06.2011 making revised postings of the employees.
4. Thereafter, on 02.01.2012 a Resolution was passed by Government of Maharashtra, Department of Social Justice and Special Assistance accepting proposal of handing over said Ashram Shala to another entity named Sant Dnyaneshwar Shikshan Sanstha, Islampur, Taluka Walava, District Sangli (appellant in Civil Appeal No.9384 and 9385 of 2014). Under the Resolution the entire Ashram Shala which had been closed down was to be transferred to a place at a distance of 400 kms. The relevant portion of the Resolution was as under:-
“Govt. Resolution :-The proposal of handing over closed down Ashram School named as the Prabodhankar Thakare Primary Ashram School run and govern by the Banjara Backward Education Society, At Talegaon Tanda, Taluka Chalisgaon to the Dnyaneshwar Education Society, Islampur, Taluka Walava, District Sangli and transfer at the Punyashlok Ahilyadevi Holkar Primary Ashram School, Choundi, Taluka Jamkhed, District Ahmed Nagar is approved subject to following terms and conditions:
1. The currently serving approved Teaching/Non-Teaching employees of closed down Ashram School shall be absorbed.
2. The Resident Students of the closed down Ashram School shall be shifted in new society.
3. The Orders, Terms and Conditions time to time issued by the Government shall be binding upon the society.”
5. The employees of erstwhile Ashram Shala which was closed down and who were absorbed in various posts as stated above challenged the Resolution dated 02.01.2012 and communication issued to each of those employees on 06.04.2012 to report at the new place, by filing Writ Petition No. 3728 of 2012 before the High Court. On 24.04.2012 the effect of communication dated 06.04.2012 was stayed by the High Court. Despite the order of stay, a communication was issued by the Assistant Commissioner, Social Welfare Department to various schools where the employees were actually absorbed to relieve them. It is a matter of record that since April, 2012 the employees have not received any payment towards salary or emoluments.
6. The challenge raised by the employees was accepted by the High Court. The High Court considered Government Resolution dated 01.08.2007 dealing with the subject “The conditions for transfer of Primary and Secondary Residential Schools” and found that said Resolution dated 01.08.2007 did not make any referen
