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MANGESH S. PATIL, SHAILESH P. BRAHME
Pandit Bhika Jadhav – Appellant
Versus
State of Maharashtra, Through its Secretary – Respondent
JUDGMENT :
(Shailesh P. Brahme, J.) :
Rule. Rule is made returnable forthwith. Heard the litigating sides finally at the admission stage with their consent.
2. The petitioners are office bearers of registered trust namely Marathwada Banjara Seva Sangh, which runs seven Ashram Schools in Chhatrapati Sambhajinagar (Aurangabad). They are invoking jurisdiction under Article 226 of the Constitution of India to challenge order dated 29.03.2023 passed by the respondent No. 2/Desk Officer Other Backward Bahujan Social Welfare Department, for appointment of administrator, order dated 18.04.2023 issued by the respondent No. 4/Deputy Director, order dated 15.12.2023 issued by the respondent No. 2 and consequential order dated 27.12.2023 issued by the respondent No. 3/Director for withdrawal of recognition of seven Ashram Schools. We propose to decide the matters by common judgment and order as there are common grounds of challenge. We are referring the parties as per their status in Writ Petition No. 1263 of 2024.
3. Marathwada Banjara Seva Sangh, Aurangabad (Chhatrapati Sambhajinagar) (hereinafter referred as to ‘Sangh’ for the sake of brevity and convenience) runs three Primary Ashram Schools,
The court established that educational authorities must adhere to statutory procedures and principles of natural justice when taking drastic actions against educational institutions.
The Transfer of Management Act 1971 requires strict adherence to procedural safeguards, including the right to a fair hearing, before any drastic action such as transferring management can be taken a....
Administrative orders affecting civil rights require adherence to natural justice principles, including the opportunity for parties to be heard before such orders are enforced.
The Endowment Commissioner's appointment of a Fit Person to administer a religious institution was found illegal, undermining the fundamental right to manage religious affairs.
The court ruled that petitioners must exhaust appellate remedies before challenging the transfer of an Ashram School, emphasizing the importance of following due process and disclosing material facts....
Disciplinary proceedings against educational staff require an approved Scheme of Administration; absence of such approval renders termination orders void.
Appointments made under inapplicable statutory rules are void and cannot confer enforceable rights; the governing statutes change with institutional upgrades.
Teachers of a derecognized institution do not have a legal right to claim absorption in other schools; recognition cancellation eliminates enforceable employment rights.
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