(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 on 18 October 2010 by the orders of the State Government on the ground that the school suffered from several deficiencies. Initially, in 2003 the State Government had issued an advertisement calling for applications from managements for conducting primary Ashram Schools in the State and it was in response to that advertisement that the Petitioner had applied in 2003. On 31 May 2006 the State Government took a policy decision to reject all applications received in pursuance of the advertisement issued in 2003 and a decision was taken not to grant new permissions for setting up primary Ashram Schools in the State of Maharashtra. The policy of the State Government has been to provide educational facilities through Ashram Schools for the upliftment of the educational, social and economic status of students belonging to Vimukta Jatis and Nomadic Tribes. There are approximately 973 aided Ashram Schools in the State of Maharashtra which are run by NGOs. The buildings in which the residential aided Ashram Schools are conducted are not owned by the State Government. In some cases the buildings are taken on a rental basis by the NGOs, while in other cases, they are owned by the NGO concerned. The State Government provides financial assistance for the payment of rent to those NGOs whose primary Ashram Schools are conducted in rented buildings and 75% of the rent is contributed by the government after certification by Public Works Department. Out of 973 Ashram Schools in the State, 97 are in the district of Solapur. Out of 97 Ashram Schools in the district of Solapur, 44 are primary schools imparting education from standards 1 to 7, 33 are high schools which provide for education from standards 8 to 10 while 20 are junior colleges to whom the 11th and 12th standards are attached.

4. As noted earlier, the erstwhile primary Ashram School at Deegewadi was derecognized and closed following the decision of the State Government taken on 18 October 2010. It is not in dispute before the Court that this decision was challenged by the management unsuccessfully. The policy of the State Government is that if an NGO is not conducting an Ashram School in accordance with the norms which are prescribed, an opportunity is granted to improve the working condition. If despite that an NGO fails to improve the management, the recognition is withdrawn. The management of the Ashram School is transferred to another eligible NGO which undertakes to run the school in accordance with the norms prescribed. The State Government provides several educational facilities through the Ashram Schools including accommodation, food, educational material, school uniforms and beddings.

5. In the present case, following the closure and derecognition of the school which was conducted by the erstwhile ma