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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S. G. MEHARE, SHAILESH P. BRAHME, JJ.
Matoshri Panai Sevabhavi Shikshan Sanstha – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
(S. G. Mehare, J.) :
1. Rule. Rule made returnable forthwith and heard finally by consent of the parties.
2. The petitioner in Writ Petition No.11647 of 2024 has impugned the order of transferring the primary Ashram School of Baradari to the respondent No.6 Sanjivani Medical Training Center, Kaudgaon, Taluka and District Ahmednagar by impugned order dated 01.10.2024.
3. The petitioner in Writ Petition No.12917 of 2024 has impugned the order dated 27.04.2022 cancelling the approval of the school which was subsequently transferred to the petitioner in Writ Petition No.11647 of 2024 by the impugned order. He has also impugned the order dated 01.10.2024 transferring the said school to the respondent No.6 institution.
4. The facts of the case in brief were that the petitioner Virbhadra Dongar Parisar Gramin Vikas Pratishtahan Sanstha was allotted a primary Ashram School. However, the said institution failed to follow the rules and regulations. Therefore, their approval was cancelled by order dated 27.04.2022. It neither preferred the appeal nor impugned the said order. However, thereafter, they had impugned the said order by way of appeal. In the mean time, the school was transfer
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....
The court upheld the validity of the Government Resolution allowing the transfer of derecognized schools, emphasizing that petitioners lacked standing as they had been absorbed into other institution....
The government has the authority to transfer derecognized schools, and petitioners lacked standing to challenge the transfer as they were not affected parties.
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....
Point of Law : When any statutory provision provides a particular manner for doing a particular act, the said thing or act must be done in accordance with the manner prescribed therefor in the Act. M....
Point of law : when any statutory provision provides a particular manner for doing a particular act, the said thing or act must be done in accordance with the manner prescribed therefor in the Act.
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