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2023 Supreme(Bom) 1830

MANGESH S. PATIL, SHAILESH P. BRAHME
Marathwada Gramin Apang Vikas Mandal – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Pradnya S.Talekar, Advocate, Umakant B.Deshmukh, Advocate, Aniruddha A.Nimbalkar, Advocate, S.B.Yawalkar, Advocate, U.B.Bondar, Advocate, V.D.Salunke, Advocate

JUDGMENT/ORDER

SHAILESH P.BRAHME,J. - Rule. Rule is made returnable forthwith. Heard learned counsel for the respective sides finally at the admission stage.

2. The petitioner is challenging Government Resolution dtd. 14/12/2017 transferring six residential schools run by it to the respondent Nos. 5 to 7. In pursuance of the impugned action the schools are actually transferred and they are in the management of the respondent Nos. 5 to 7.

3. The petitioner was granted permission to run six schools which are mentioned in paragraph No. 2 of the memo of the writ petition. The permission was on non grant basis granted vide order dtd. 29/3/1997. Thereafter, by order dtd. 31/4/1997 the grant in aid was provided to the schools. The schools are residential schools for differently-abled students namely mentally challenged, deaf and dumb and handicapped. By virtue of the impugned resolution, the respondent No. 5 is entrusted with three schools, the respondent No. 6 is entrusted with two schools and the respondent No. 7 is entrusted one school.

4. An administrator was appointed over four schools of the petitioner due to the disputes in the management by order dtd. 9/2/2005. That gave rise to Writ

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