Case Note & Summary
The petitioner, Herle Shikshan Mandal, a trust running Herle High School in village Herle, challenged the order dated 11th August 2014 passed by the State of Maharashtra (Respondent No.1) and the report dated 7th April 2014 submitted by the Deputy Director of Education, Kolhapur (Respondent No.3), which endorsed the transfer of management of the school to Respondent Nos.4 and 5 (Balasaheb Mane Shikshan Prasarak Mandal and the Head Master). The trust had been managing the school since 1995 pursuant to an order dated 21st June 1995 passed by the Joint Charity Commissioner under Section 36 of the Bombay Public Trusts Act, 1950. The petitioner contended that the impugned order and report were passed without giving any notice or opportunity of hearing to the petitioner, thereby violating principles of natural justice. The respondents argued that the transfer was valid and in the interest of the school. The court, after hearing the parties, found that the petitioner was not afforded any hearing before the transfer was approved. The court held that the principles of natural justice require that a party likely to be affected by an order must be given an opportunity to be heard. Since the petitioner was not heard, the impugned order and report were quashed and set aside. The court directed that the matter be remitted to the respondent authorities for fresh consideration after giving the petitioner a reasonable opportunity of hearing. The writ petition was allowed accordingly.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Bombay Public Trusts Act, 1950, Section 36 - The petitioner trust challenged the order dated 11th August 2014 and the report dated 7th April 2014 which endorsed the transfer of management of the school to respondent Nos.4 and 5. The court held that the petitioner was not given any notice or opportunity of hearing before the transfer was approved, violating principles of natural justice. The impugned order and report were quashed and set aside. (Paras 4-6)
B) Education Law - Transfer of Management - School Trust - Bombay Public Trusts Act, 1950, Section 36 - The petitioner trust had been running the school since 1995 after a transfer order by the Joint Charity Commissioner. The Deputy Director of Education's report and the State's order endorsed a further transfer to respondent Nos.4 and 5 without hearing the petitioner. The court found that the transfer was effected without following due process and without giving the petitioner an opportunity to be heard. (Paras 5-6)
Issue of Consideration
Whether the transfer of management of the petitioner's school to respondent Nos.4 and 5 was valid and whether the petitioner was afforded an opportunity of hearing before the impugned order was passed.
Final Decision
The writ petition is allowed. The impugned order dated 11th August 2014 passed by Respondent No.1 and the report dated 7th April 2014 submitted by Respondent No.3 are quashed and set aside. The matter is remitted to the respondent authorities for fresh consideration after giving the petitioner a reasonable opportunity of hearing.
Law Points
- Natural Justice
- Audi Alteram Partem
- Bombay Public Trusts Act
- 1950
- Section 36
- Transfer of Management
- Educational Trust
Case Details
2026 LawText (BOM) (07) 132
Writ Petition No. 150 of 2015
Mrs. S. V. RUSHALI JOSHI, SANDESH D. PATIL, JJ.
Mr. Sandeep S. Koregave with Ms. Supriya S. Koregave for Petitioner; Mr. Atul P. Vanarase, AGP for Respondent Nos.1 to 3; Mr. Chetan G. Patil a/w Mr. Siddeshwar R. Chavan i/b Mr. Mandar G. Bagkar for Respondent No.4; Mr. Bhushan S. Jadhav with Mr. Gajraj A. Mali for Respondent No.5
Herle Shikshan Mandal, Herle, Through its President & Secretary Dr. Arvind Laxman Naik and Shri. Satling Shankar Todkar
State of Maharashtra, Director of Education, Deputy Director of Education, Balasaheb Mane Shikshan Prasarak Mandal, Head Master of Herle High School
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Nature of Litigation
Writ petition challenging the order of the State Government and report of Deputy Director of Education endorsing transfer of management of a school from the petitioner trust to another trust.
Remedy Sought
Quashing of the order dated 11th August 2014 and the report dated 7th April 2014, and restoration of management of the school to the petitioner.
Filing Reason
The petitioner trust alleged that the impugned order and report were passed without giving any notice or opportunity of hearing to the petitioner, violating principles of natural justice.
Previous Decisions
The Joint Charity Commissioner, Maharashtra State, Bombay passed an order dated 21st June 1995 under Section 36 of the Bombay Public Trusts Act, 1950 transferring the management of the school to the petitioner trust.
Issues
Whether the transfer of management of the school to respondent Nos.4 and 5 was valid?
Whether the petitioner was afforded an opportunity of hearing before the impugned order was passed?
Submissions/Arguments
Petitioner argued that the impugned order and report were passed without any notice or opportunity of hearing, violating principles of natural justice.
Respondents argued that the transfer was valid and in the interest of the school.
Ratio Decidendi
The principles of natural justice require that a party likely to be affected by an order must be given an opportunity to be heard. Since the petitioner was not heard before the transfer of management was approved, the impugned order and report are vitiated and liable to be quashed.
Judgment Excerpts
By the present writ petition, the Petitioner is challenging Order dated 11th August 2014 passed by the Respondent No.1 and the report submitted by Deputy Director of Education, Kolhapur dated 7th April 2014, whereby the transfer of management of the Petitioner to Respondent Nos.4 and 5 was endorsed.
The Joint Charity Commissioner, Maharashtra State, Bombay passed an Order dated 21st June 1995 under the provisions of Section 36 of the Bombay Public Trusts Act, 1950 thereby transferring the management of the school to the petitioner trust.
Procedural History
The petitioner trust filed a writ petition in the High Court of Judicature at Bombay, Circuit Bench at Kolhapur, challenging the order dated 11th August 2014 of the State of Maharashtra and the report dated 7th April 2014 of the Deputy Director of Education, Kolhapur. The petition was heard and disposed of on 8th July 2026.
Acts & Sections
- Bombay Public Trusts Act, 1950: Section 36
