Case Note & Summary
The Bombay High Court dealt with two writ petitions challenging a Government Resolution dated 30 August 2011 by which the Social Justice Department of Maharashtra allowed the transfer of a primary Ashram School from Deggewadi in Solapur district to Yavatmal district. The petitioner in Writ Petition No.949 of 2012, Jeevanjyoti Krida and Shikshan Prasarak Mandal, a trust registered under the Bombay Public Trust Act, 1950, conducts a secondary school and a D.Ed. College in Solapur. In 2003, the petitioner had applied for a new primary Ashram School in Akkalkot taluka, Solapur, but no decision was communicated. Meanwhile, another trust, Shri Swami Samarth Shikshan Sanstha, was running a primary Ashram School at Deggewadi, which was closed on 18 October 2010 due to deficiencies. The fourth respondent applied for transfer of this school to Yavatmal, which was allowed by the impugned Government Resolution. The petitioner challenged this resolution, arguing that it violated the State Government's policy that Ashram Schools should not be transferred from one district to another except in exceptional circumstances, and that the petitioner's application for the same school should have been considered. The court examined the policy and found that the transfer was not justified as no exceptional circumstances were recorded. The court also noted that the petitioner was not given an opportunity of hearing before the transfer was granted. The court held that the transfer was arbitrary and contrary to the policy, and quashed the Government Resolution. The court directed the State Government to consider the petitioner's application for the Ashram School in accordance with law, after giving an opportunity of hearing to all concerned parties. The court also disposed of the connected writ petition as infructuous.
Headnote
A) Education Law - Ashram School Transfer - Government Policy - The State Government's policy prohibits transfer of Ashram Schools from one district to another except in exceptional circumstances with prior approval of the Social Justice Department - The impugned Government Resolution allowed transfer without recording any exceptional circumstances and without considering the petitioner's pending application for the same school - Held that the transfer was arbitrary and violative of the policy (Paras 2-10). B) Administrative Law - Natural Justice - Opportunity of Hearing - The petitioner, who had applied for the same Ashram School in 2003, was not given any opportunity of hearing before the transfer was granted to the fourth respondent - Held that the principle of audi alteram partem was violated (Paras 3-10). C) Education Law - Ashram School - Policy of No New Permissions - The State Government had taken a policy decision in 2006 not to grant new permissions for primary Ashram Schools - However, the transfer of an existing school from one district to another amounts to creation of a new school in the transferee district, which is impermissible under the policy - Held that the transfer was contrary to the policy (Paras 3-10).
Issue of Consideration
Whether the Government Resolution dated 30 August 2011 allowing transfer of a primary Ashram School from Deggewadi (Solapur) to Yavatmal is valid and whether the petitioner's application for the same school could be considered.
Final Decision
The court allowed the writ petition, quashed the Government Resolution dated 30 August 2011, and directed the State Government to consider the petitioner's application for the Ashram School in accordance with law, after giving an opportunity of hearing to all concerned parties. The connected writ petition was disposed of as infructuous.
Law Points
- Administrative Law
- Education Law
- Government Policy
- Natural Justice
- Writ Jurisdiction
