Case Note & Summary
The petitioner, Marathwada Gramin Apang Vikas Mandal, a society running six residential schools for disabled children in Maharashtra, challenged a Government Resolution dated 14.12.2017 issued by the State of Maharashtra, which transferred the management of these schools to respondent Nos. 5 to 7 (other societies). The petitioner contended that the transfer was made without any notice or opportunity of hearing, violating principles of natural justice. The respondents argued that the transfer was necessary due to alleged irregularities and poor performance. The court examined the provisions of the Maharashtra Educational Institutions (Transfer of Management) Act, 1971, and found that the transfer of management requires compliance with statutory procedures, including giving notice and hearing to the existing management. The court held that the impugned Government Resolution was arbitrary and unsustainable as it was passed without affording the petitioner an opportunity to be heard. The court also considered the interests of the disabled students and emphasized that any change in management must ensure continuity of services. Consequently, the court quashed the Government Resolution dated 14.12.2017 and directed the respondents to restore the management of the schools to the petitioner. The court further directed that the petitioner shall continue to run the schools and that the respondents may take appropriate action in accordance with law after giving due hearing to the petitioner.
Headnote
A) Administrative Law - Principles of Natural Justice - Right to be Heard - Transfer of Management of Educational Institutions - The petitioner, a society running residential schools for disabled children, challenged a Government Resolution transferring six schools to other societies without any notice or hearing. The court held that the transfer was in violation of principles of natural justice as the petitioner was not given an opportunity to be heard before the impugned decision. (Paras 1-10) B) Education Law - Maharashtra Educational Institutions (Transfer of Management) Act, 1971 - Section 3 - Transfer of Management - The court examined the provisions of the Act and found that the transfer of management of educational institutions requires compliance with statutory procedures, including giving notice and hearing to the existing management. The impugned Government Resolution was quashed for non-compliance. (Paras 11-15) C) Disability Rights - Rights of Persons with Disabilities Act, 2016 - Residential Schools for Disabled - The court noted that the schools were catering to disabled children and any change in management must ensure continuity of services and protection of the interests of the students. The transfer without hearing the petitioner was held to be arbitrary and unsustainable. (Paras 16-20)
Issue of Consideration
Whether the Government Resolution dated 14.12.2017 transferring six residential schools run by the petitioner to respondent Nos. 5 to 7 is valid and whether the petitioner was afforded an opportunity of hearing before the transfer.
Final Decision
The court quashed the Government Resolution dated 14.12.2017 and directed the respondents to restore the management of the six residential schools to the petitioner. The court further directed that the petitioner shall continue to run the schools and that the respondents may take appropriate action in accordance with law after giving due hearing to the petitioner.
Law Points
- Principles of natural justice
- Right to be heard
- Government resolution
- Transfer of management
- Residential schools for disabled
- Section 3 of the Maharashtra Educational Institutions (Transfer of Management) Act
- 1971
