Case Note & Summary
The High Court of Judicature at Bombay, Nagpur Bench, heard two writ petitions challenging a Government Resolution dated 04/12/2023 issued by the State of Maharashtra's Tribal Development Department. The petitioners were teachers, principals, clerks, wardens, cooks, and other non-teaching staff appointed by respondent No.5 NGO, Semana Vidya Va Vanvikas Prashikshan Mandal, Gadchiroli, to work in Shivani Adiwasi Secondary and Higher Secondary Ashram School, Pavimuranda, District Gadchiroli. The school was government-aided and received 100% grant-in-aid from the Tribal Development Department. The petitioners alleged that respondent No.5 NGO maladministered the school, leading to inadequate infrastructure, insufficient electricity, shortage of daily necessities, and a decline in student admissions. Respondent No.3 Additional Commissioner had sent letters dated 14/07/2016, 12/03/2018, 14/08/2020, and 26/05/2022 recommending derecognition, but action was stayed by a Government Resolution dated 10/06/2019. Respondent No.3 also communicated on 17/10/2022 seeking guidance on temporary absorption of staff into other Ashram Schools, and the petitioners were temporarily absorbed. The petitioners discovered that respondent No.5 NGO had allegedly forged minutes of a meeting showing their consent to transfer the Ashram School from Pavimuranda, Gadchiroli, to respondent No.6 institution, Navjyot Shikshan Prasarak Mandal, Lavhala, Taluka Mehkar, District Buldhana. They objected vide representation dated 05/06/2023. The impugned Government Resolution dated 04/12/2023 effected the transfer. The petitioners contended that the resolution was unconstitutional, ultra vires Article 14, void, and arbitrary, and contrary to the earlier Government Resolution dated 19/12/2016. The court heard the matter on 09/04/2025 and issued Rule, but the provided judgment excerpt does not include the final decision, reasoning, or operative directions. The available text ends at paragraph 5 before the court's analysis and conclusion.
Headnote
A) Constitutional Law - Article 14 - Arbitrariness and Ultra Vires - Constitution of India, 1950, Article 14 - Petitioners challenged Government Resolution dated 04/12/2023 transferring a government-aided Ashram School from respondent No.5 NGO to respondent No.6 institution as unconstitutional, ultra vires Article 14, void, and arbitrary; they also alleged the transfer was contrary to earlier GR dated 19/12/2016. The available excerpt does not contain the court's final holding or reasoning. Held: Not mentioned in the provided excerpt (Paras 2-5).
B) Administrative Law - Government Resolution - Validity of Transfer of Aided Institution - Maharashtra Government Resolutions dated 19/12/2016 and 04/12/2023 - Petitioners alleged that respondent No.5 NGO forged consent minutes, that respondent No.3 had noted deficiencies and proposed derecognition, and that the transfer was invalid for lack of consent and contrary to policy. The available excerpt does not record the court's analysis or directions. Held: Not mentioned in the provided excerpt (Paras 3-5).
Issue of Consideration
Whether Government Resolution dated 04/12/2023 was unconstitutional, ultra vires Article 14 of the Constitution, void, and arbitrary; Whether the transfer of the Ashram School from respondent No.5 NGO to respondent No.6 institution was contrary to Government Resolution dated 19/12/2016 and invalid due to forged consent minutes.
Final Decision
Not mentioned in the provided judgment excerpt
Law Points
- Government Resolution dated 04/12/2023 challenged as unconstitutional
- ultra vires Article 14
- void
- and arbitrary
- transfer of government-aided Ashram School claimed contrary to GR dated 19/12/2016
- allegation of forged consent minutes
- maladministration and failure to provide facilities
- Article 14 prohibits arbitrary state action
Case Details
2025 LawText (BOM) (04) 179
Writ Petition No. 2251 of 2024 with Writ Petition No. 8162 of 2022
Avinash G. Gharote, Abhay J. Mantri
S.R. Dambhare for Petitioners; J.Y. Ghurde, AGP for Respondent Nos.1 to 4; N.B. Kirtane for Respondent No.5; S.M. Vaishnav for Respondent Nos.6 & 7 (intervenor)
Chunnilal S/o Hariji Pardhi, Subhash S/o Lakhaji Shivankar, Harsha w/o Rushi Naitam, Varsha D/o Rajeramjee Dahake, Ravindra S/o Cheptuji Madavi, Abhayrao Vithobaji Tammiwar, Sujeet S/o Gangadhar Urade, Devnanda Krushnaji Kalbandhe, Chetram S/o Manohar Nissar, Lata D/o Paikaji Kankalwar, Jyoti D/o Baburao Kamidwar (WP 2251/2024); Nitin Balkrushna Dange, Rajesh S/o Digambar Yelke, Avinash Ramkrushna Despande, Harish S/o Balujee Jettiwar, Anil Kumar S/o Rupchand Borkar, Thaneshwar Sukhiram Kothare, Shyamrao Baburao Walke, Bahadur S/o Baban Padwal, Suryabhan s/o Baliram Londe (WP 8162/2022)
State of Maharashtra through Secretary, Tribal Development Department; Commissioner, Tribal Development Department; Additional Commissioner, Tribal Development Department, Nagpur Division; Project Officer, Integrated Tribal Development Project, Gadchiroli; Semana Vidya Va Vanvikas Prashikshan Mandal, Gadchiroli; Navjyot Shikshan Prasarak Mandal, Lavhala; Head Master/Principal, Shivani Adivasi Secondary & Higher Secondary Ashram School, Pavimuranda, District Gadchiroli (intervenor)
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Nature of Litigation
Writ petitions challenging the validity of Government Resolution dated 04/12/2023 transferring a government-aided Ashram School from one NGO to another, alleging violation of Article 14 and contrary to earlier Government Resolution dated 19/12/2016.
Remedy Sought
Petitioners sought a declaration that Government Resolution dated 04/12/2023 was unconstitutional, ultra vires Article 14, void, and arbitrary, and that the transfer of the Ashram School from respondent No.5 NGO to respondent No.6 institution was contrary to Government Resolution dated 19/12/2016.
Filing Reason
Petitioners alleged maladministration by respondent No.5 NGO, inadequate facilities, forged consent minutes to effect transfer, and that the impugned Government Resolution violated Article 14 and prior Government Resolution dated 19/12/2016.
Issues
Whether Government Resolution dated 04/12/2023 was unconstitutional, ultra vires Article 14 of the Constitution, void, and arbitrary.
Whether the transfer of the Ashram School from respondent No.5 NGO to respondent No.6 institution was contrary to Government Resolution dated 19/12/2016 and invalid due to forged consent minutes.
Submissions/Arguments
Petitioners contended that Government Resolution dated 04/12/2023 was unconstitutional, ultra vires Article 14, void, and arbitrary, and contrary to Government Resolution dated 19/12/2016; they also alleged that respondent No.5 NGO forged minutes of meeting showing their consent to the transfer.
Respondents' arguments are not explicitly recorded in the provided judgment excerpt; the available text focuses on the petitioners' allegations and the respondents' alleged inaction.
Ratio Decidendi
Not mentioned in the provided judgment excerpt; no final legal principle was stated.
Judgment Excerpts
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.
The respondent No.5 played fraud with petitioners and respondent Nos. 1 to 4 and prepared forged and fabricated minutes of the meeting, evincing that petitioners have given their consent for the transfer of the Ashram School from village Pavimuranda, District Gadchiroli, to respondent No.6 Navjyot Shikshan Prasarak Mandal, Lavhala, Taluka Mehkar, District Buldhana.
Procedural History
Petitioners were appointed by respondent No.5 NGO to teaching and non-teaching posts in the Ashram School, which was government-aided and received 100% grant-in-aid. The school faced maladministration and lack of basic facilities, leading to representations by the Principal and staff. Respondent No.3 sent letters dated 14/07/2016, 12/03/2018, 14/08/2020, and 26/05/2022 recommending derecognition, but action was stayed by Government Resolution dated 10/06/2019. Respondent No.3 communicated on 17/10/2022 seeking guidance on temporary absorption of staff, and the petitioners were temporarily absorbed into other Ashram Schools. Petitioners discovered that respondent No.5 had forged minutes showing consent to transfer the Ashram School to respondent No.6, and they objected on 05/06/2023. The impugned Government Resolution dated 04/12/2023 effected the transfer. The writ petitions were filed and heard on 09/04/2025, when Rule was issued and the matter was heard finally.
Acts & Sections
- Constitution of India: Article 14
