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2016 Supreme(Bom) 1949

S.S.SHINDE, SANGITRAO S.PATIL
Jalgaon Mirai Bahuddeshiya Vikas Sanstha, Through its Chairman, Sharad Murlidhar Netkar – Appellant
Versus
State of Maharashtra Through its Principal Secretary, Tribal Development Department, Mantralaya, Mumbai – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.B. Talekar, Advocate.
For the Respondent:Mr. S.G. Karlekar, Asst. Government Pleader, Mr. N.D. Khamborkar, Advocate.

JUDGMENT :

Sangitrao S. Patil, J.

Heard. Rule. Respondents waive service. By consent of the parties, Rule is made returnable forthwith and the petition is heard finally.

2. The petitioner (hereinafter referred to as “Transferee Institution”) has challenged the vires of the Government Resolution bearing No. A.Aa.Sha.2009/Pra.Kra. 126/Ka.11, issued by the Department of Tribal Development, Government of Maharashtra, Mantralaya, Mumbai, on 14.09.2012, where under the Ashram School which was transferred to the petitioner has been ordered to be retransferred to respondent no.5 (hereinafter referred to as “Original Institution”) and the recognition of the Ashram School granted in favour of the Transferee Institution vide Government Resolution dated 04.03.2010 came to be withdrawn.

3. There is no dispute that the Ashram School run by the Original Institution at village Kawadshi (Bor). Taluka Varora, District Chandrapur, came to be derecognized by respondent no.2 as per the order dated 27.02.2009, on the allegations that there was mismanagement of the Ashram School, there was no sufficient strength of the students, no adequate infrastructure was available, etc. The Original Institution preferre






























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