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.

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 transferred to the petitioner in Writ Petition No.11467 of 2024 and subsequently it was also cancelled and transferred to respondent No.6. The petitioner in Writ Petition No.11647 of 2024 had preferred the appeal before the Hon’ble Minister against the cancellation of the approval. The Hon’ble Minister by order dated 24.08.2023 dismissed the appeal. Thereafter, by following due process, the impugned order dated 01.10.2024 was passed.

5. The petitioner in Writ Petition No.11647 of 2024 has assailed the impugned order mainly on the grounds that by the communication dated 21.06.2022, it was transferred to the petitioner by following due procedure by order dated 29.06.2022. However, respondent No.2 without notice to the petitioner and following the due procedure of law has cancelled and transferred it to the respondent No.6. Thereafter, the advertisement was issued for granting sanction transfer. However, by writ petition No.6983 of 2023 the advertisement was stayed and respondent Nos.1 and 2 were directed to decide the appeal on merit. They have assailed the reasons assigned for the rejection of their appeal. There was no fault on the part of the petitioner. Not following the procedure of transferring the institution to the petitioner by order dated 29.06.2022, it should not be faulted with and punished.

6. The respondent No.6 has heavily assailed the petition containing that the allotment/sanction of the school to the petitioner was in violation of the norms.

7. In the nutshell, the issue revolve around the cancellation of the registration and transferring the Ashram School.

8. Learned counsel for the petitioners have referred to the certain Government Resolutions prescribing the procedure for allotting the Ashram school, cancelling the registration as well as transferring the school after its closure. Hence, we would like to refer certain relevant rules/procedure laid in the Government Resolution dated 24.04.2018. This Government Resolution speaks of transferring /shifting the closed Ashram school to another institution. The procedure has been laid down in Clause-A, in brief it provides that after the school registration is cancelled a public advertisement be published in the State level newspaper through the concerned Directorate. The next condition was that the school of which registration is cancelled and is granted aid should be transferred in the same revenue division. The interested institution must be registered under the Maharashtra Public Trust Act, 1950 having the object of education running, residential school. Such institution should be in Maharashtra State only. After the proposal is submitted, pursuant to the advertisement District/Regional offices of the concerned Directorate should submit the illegalities of such institution to the Government alon