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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
AVINASH G. GHAROTE, ABHAY J. MANTRI, JJ.
Chunnilal S/o Hariji Pardhi – Appellant
Versus
State Of Maharashtra Through The Secretary, Tribal Development Department – Respondent
JUDGMENT :
ABHAY J. MANTRI, J.
Heard. Rule. Heard finally with the consent of the learned counsel appearing for the parties.
(2) Both these petitions question the validity of Government Resolution (GR) dated 04/12/2023 issued by respondent No.1 as unconstitutional being ultra-virus to Article 14 of the Constitution, void, and arbitrary, therefore, transfer of the Ashram School run by respondent No.5 – the NGO namely the Semana Vidya Va Vanvikas Prashikshan Mandal, Gadchiroli to respondent No.6 – Navjyot Shikshan Prasarak Mandal, Lavhala, Taluka Mehkar, District Buldhana, is claimed to be contrary to the GR dated 19/12/2016.
(3) The petitioners in both these petitions were appointed by respondent No.5 authorities to officiate as teachers and other non- teaching posts of Class – III and Class – IV in the Shivani Adiwasi Secondary and Higher Secondary, Ashram School, Pavimuranda, District Gadchiroli (hereinafter referred to as “Ashram School”) which is government aided, run by respondent No.5 NGO, namely, Semana Vidya Va Vanvikas Prashikshan Mandal, Gadchiroli (for short, “Respondent No.5 NGO”). The Ashram School receives 100% grant-in- aid from respondent No. 1. It was governed accordin
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 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 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 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....
The main legal point established in the judgment is that the Education Officer had no jurisdiction to set aside a routine and administrative transfer order issued by the petitioner under the MEPS Rul....
Education department - Transfer of Teacher from aided post to unaided post is permissible in law.
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