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2012 Supreme(Bom) 1720

D.Y.CHANDRACHUD, A.A.SAYED
Jeevanjyoti Krida and Shikshan Prasarak Mandal – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:Anil Anturkar with Mr. Sugandh B. Deshmukh, Advocates.
For the Respondent:R1 to R3, Ms. S.S. Bhende, AGP, R4, Narendra V. Bandiwadekar, Advocates.

Judgment

(Dr. D.Y. Chandrachud, J.)

Rule, by consent made returnable forthwith. The learned counsel appearing on behalf of the Respondents waive service on behalf of the respective Respondents. By consent, the Petitions are taken up for hearing and final disposal.

2. The Petitioner (in Writ Petition 949 of 2012) is registered under the provisions of the Bombay Public Trust Act 1950 and conducts a secondary school and a D.Ed. College, its activities being mainly confined to the district of Solapur. The Petitioner has challenged a Government Resolution dated 30 August 2011 by which the Social Justice Department of the State Government allowed the application of the Fourth Respondent for the transfer of a primary Ashram School from Deggewadi in the district of Solapur to the district of Yavatmal.

3. In 2003 the Petitioner had submitted a proposal to the Special District Welfare Officer, Solapur for opening a new primary Ashram School in the taluka of Akkalkot of the district of Solapur. No decision was communicated on that application. A trust by the name of Shri Swami Samarth Shikshan Sanstha, Akkalkot was conducting a primary Ashram School at Deggewadi. The Ashram School was closed




















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