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2024 Supreme(Online)(Bom) 7477
HIGH COURT OF BOMBAY
S. G. Chapalgaonkar, J
RAVISOOT VYAYAM AND SHIKSHAN PRABODHAN SANSTHA AURANGABAD THRU PRESIDENT B A MORE – Appellant
Versus
THE STATE OF MAHARASHTRA AND OTHERS – Respondent
Writ Petition No.4346/2009
For the Appellants/Petitioners: Mr. Sapkal, Mr. S. R. Sapkal
For the Respondents: Mr. Dixit, Mr. Garud, Ms. Gaur
Authority to transfer management of aided schools must align with governmental procedures and law.
Headnote:The petitioner, under Article 226 of the Constitution, contests the Minister's order of 03.05.2018 which quashed the Secretary's order of 18.11.2017. The Court found the Secretary had no authority to decide on the transfer of Ashram School management. The primary issue concerns the jurisdiction between the Hon’ble Minister and the Secretary regarding school management transfer. The Court held that the Minister's jurisdiction was valid but the order is deemed illegal due to lack of proper authority. The ruling concluded with the Writ Petition being allowed.
| Table of Content |
|---|
| 1. overview of the background regarding the ashram school management transfer. (Para 2 , 3) |
| 2. arguments regarding the legal authority of parties over school management. (Para 4 , 5 , 6 , 7) |
| 3. discussion on jurisdiction discrepancies between minister and secretary. (Para 8 , 10 , 11) |
| 4. clarification of the absence of guidelines for management transfer procedures. (Para 12 , 14 , 15 , 16) |
| 5. final ruling and declaration of the order's illegality. (Para 17) |
JUDGMENT (Per: S. G. Chapalgaonkar, J.):-
1. Rule. Rule made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at the stage of admission.
2. The petitioner approaches this Court under Article 226 of the Constitution of India , thereby impugning order dated 03.05.2018 passed by the Hon’ble Minister, VJNT, OBC and Special Backward Class Welfare Department, thereby setting aside the order dated 18.11.2017 passed by the Secretary of the same department to continue the management of the Ashram School with the petitioner and withdraw the order dated 01.03.2009 regarding its transfer in favour of respondent no.6.
3. The facts giving rise to present Writ Petition can be summarized as under:-
a. On 12.03.1980 respondent no.1 granted permission to run Ashram School at village Ghusurtanda, Taluka Kannad, District Aurangabad in favour of the petitioner. However, since June 1993 the school was shifted to village Chapaner, Taluka Kannad, District Aurangabad. Later on grant-in-aid was conferred to run the Ashram School in favour of the petitioner-Society.
b. On 01.12.2005, on account of certain difficulties faced, petitioner society passed a resolution to transfer the school in favour of respondent no.6. Consequently, a proposal dated 13.02.2006 had been submitted to Social Welfare Officer seeking approval for transfer of the school management to respondent no.6.
c. While said proposal was pending for consideration, the petitioner alleged to have passed Resolution dated 01.03.2006 in suppression of its earlier Resolution dated 01.12.2005. According to the petitioner, subsequent decision dated 01.03.2006 was duly communicated to respondent-Authorities as well as respondent no.6. However, ignoring same, respondent no.1 permitted transfer of School management in favour of respondent no.6 relying on earlier Resolution dated 01.12.2005, without hearing petitioner or other stake-holders. The employees working on the establishment of the Ashram School were also adversely affected since grant-in- aid was withhold in pursuance of the policy decision of the Government dated 01.08.2007 which stipulates that no grant-in-aid shall be made available for the period of three years, in case of transfer of management of Ashram School.
d. The decision dated 01.03.2009 permitting transfer of Ashram School in favour of respondent no.6 was assailed by the petitioner in Writ Petition No.4346/2009 before this Court. Similarly, the employees of the school had independently assailed the aforesaid decision by filing Writ Petition No.2871/2009. This Court after hearing the parties, allowed both the Writ Petitions vide order dated 31.03.2017 and quashed and set aside the Government Resolution dated 01.03.2009 with further direction that the respondent-Authorities shall take fresh decision as regards to the transfer of the Ashram School after hearing the concerned parties in accordance with law.
e. In deference to the aforesaid order of this Court, the Secretary, VJNT, OBC and Special Backward Class Welfare Department heard the respective parties and passed the order dated 11.11.2017 and continued management of the school with petitioner, holding that transfer of management cannot be permitted.
f. The respondent no.6 assailed the order dated 18.11.2017 passed by the Secretary, before the Hon’ble Minister, VJNT, OBC and Special Backward Class Welfare Department by filing Review Application No.03/2018, contending that the Secretary of the Department has no jurisdiction to ta
