Bombay High Court
Bahu-Uddeshiya Shikshan Sanstha, ... vs State Of Maharashtra, Through Its ... on 21 June, 2019
Author: R.K. Deshpande
Bench: R.K. Deshpande, Vinay Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.1070 OF 2019
Bahu-Uddeshiya Shikshan Sanstha,
through its Secretary, Vanasadi,
Tahsil-Korapna, District-Chandrapur. .. PETITIONER
VERSUS
1. State of Maharashtra,
through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai-32.
2. Additional Commissioner,
Tribal Development Department,
Tribal Development Bhavan,
Giripeth, Amravati Road,
Nagpur.
3. The Project Officer,
Integrated Tribal Development Project,
Chimur, District-Chandrapur.
4. Adiwasi Shaikshanik Sanshodhan,
Sanstha, Sadak-Arjuni,
District-Gondia. .. RESPONDENTS
..........
Shri Anand Parchure, Advocate for the petitioner,
Shri A.S. Fulzele, Addl. Govt. Pleader for the respondent nos.1 to 3,
Shri B.G. Kulkarni, Advocate for the respondent no.4.
..........
CORAM : R.K. DESHPANDE AND
VINAY JOSHI, JJ.
DATED : 21.06.2019.
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ORAL JUDGMENT [Per : R.K. Deshpande, J.]
Rule made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.
2. The challenge in this petition is the decision of the State Government, dated 28.01.2019 transferring the aided Ashram School run by the Pradnya Pragati Sewa Mandal, Neri, District-Chandrapur at Navtala to the respondent no.4 - Adiwasi Shaikshanik Sanshodhan Sanstha, Sadak-Arjuni, District-Gondia.
3. Initially on 07.02.2019, this Court issued notice for final disposal of the matter and the following order was passed :
"Heard.
2. Issue Notice to respondents for final disposal of the matter, returnable on 04/04/2019. Learned Addl. G.P. waives notice for respondent Nos.1 to 3.
3. The contentions raised in the petition is that the petitioner society was recommended for transfer of school by the Additional Commissioner, Tribal Development Department and though name of respondent no.4 society has not been recommended in the communication dated 09.07.2018, the order granting permission to transfer school in favour of said respondent has been issued on 28.01.2019. Hence, parties are directed to maintain status-quo."
4. It is not in dispute that the proposals were invited by the Tribal Development Department for transferring of aided Ashram School at Navtala run by Pradnya Pragati Sewa Mandal, Neri, District-Chandrapur. This was ::: Uploaded on - 24/06/2019 ::: Downloaded on - 14/07/2019 15:48:15 ::: wp1070.19.odt 3 published in the daily newspaper "Deshonnati" dated 26.05.2018 and the last date for submitting applications in the prescribed format was 5.6.2018. The petitioner and one another institution namely Punam Bahuudeshiya Gramin Vikas Shikshan Sanstha, Aamdi (Begde), Tahsil-Chimur, District-Chandrapur applied for grant of aided Ashram School. The Project Officer considered these two proposals and the proposal of the petitioner was recommended, whereas the proposal of Punam Bahuudeshiya Gramin Vikas Shikshan Sanstha, Aamdi (Begde), Tahsil-Chimur, District-Chandrapur was not recommended. After forwarding the above proposals to the Additional Commissioner on 7.6.2018, the Project Officer forwarded another proposal dated 15.6.2018 in respect of the respondent no.4. The Assistant Commissioner considered all these proposals and recommended grant of transferring of Ashram School to the petitioner as well as the respondent no.4. Ultimately by Government Resolution dated 28.01.2019, the allotment was in favour of the respondent no.4, which is the subject matter of challenge.
5. What we find is that the respondent no.4 did not submit his application in response to the advertisement, dated 26.5.2018 published in the newspaper by the Tribal Development Department. The applications were liable to be submitted on or before 5.6.2018 in the prescribed format. Though the application of the respondent no.4 is dated 1.6.2018, in fact, the endorsement on the said application shows that it was received by the Tribal Development Department on 7.6.2018. The application was not in the prescribed format, but it relates to the earlier application filed in the prescribed ::: Uploaded on - 24/06/2019 ::: Downloaded on - 14/07/2019 15:48:15 ::: wp1070.19.odt 4 format on 23.4.2013 in response to the previous advertisement. In our view, the application of the respondent no.4 could not have been considered by the respondent-Tribal Development Department. The decision taken on 28.01.2019 granting aided Ashram School to the respondent no.4 cannot therefore be sustained. In the result, we pass the following order :
6. The Writ Petition is allowed. The order dated 28.01.2019 allotting/transferring the aided Ashram School to the respondent no.4 - Adiwasi Shaikshanik Sanshodhan, Sanstha, Sadak-Arjuni, District-Gondia is hereby quashed and set aside. The department can proceed further in the matter in accordance with the law.
7. At this stage, Shri B.G. Kulkarni, the learned counsel for the respondent no.4, submits that the parties be directed to maintain status quo for a period of four weeks.
8. We do not find it necessary to grant such interim order for the reason that the department is to carry out the procedure in which we do not want to create any impediment. His request for interim order is rejected.
(Vinay Joshi, J.) (R.K. Deshpande, J.)
Gulande
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