Bombay High Court
Adiwasi Ashram Shala Sanchalak Welfare ... vs State Of Maharashtra Thr. Secretary, ... on 18 October, 2022
Author: Anil L. Pansare
Bench: S.B. Shukre, Anil Laxman Pansare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 6441 OF 2022
(Adiwasi Ashram Shala Sanchalak Welfare Association, Deori V/s State of Maharashtra & Ors.)
Office Notes, Office Memoranda of Court's or Judge's orders
Coram, Appearances, court's orders or
directions and Registrar's orders
Mr. Anand Parchure, Advocate for Petitioner.
Mr. A. M. Deshpande, Government Pleader for
Respondent Nos.1 to 4.
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CORAM : SUNIL B. SHUKRE AND
ANIL L. PANSARE, JJ.
DATE : OCTOBER 18, 2022.
. Heard.
2. According to Mr. Parchure, learned Counsel for the Petitioner, since the appointment of the Revenue Officers on the inspection committee would not serve the object of the Maharashtra Primary Education Act, 1947 (for short, 'the Act of 1947'), rather it would be against the scheme of the Act of 1947 and also the Ashram School Code, for the reason that the Revenue Officers are not trained to work in the educational matters, much less, the educational matters pertaining to Ashram Schools, Government Resolution dated 20/9/2022 cannot be sustained in the eye of law.
3. The submission requires consideration.
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4. Issue notice for final disposal at admission stage to the Respondents, returnable after six weeks.
5. Mr. Deshpande, the learned Government Pleader waives service of notice on behalf of the Respondent Nos.1 to 4.
6. We direct that, if any inspection of the Ashram Schools is carried out by the inspection committee so constituted under the Government Resolution in question, the same shall be subject to the final result of this Petition.
7. Meanwhile, we grant liberty to the State Government to revisit to the issue of reconstitution of the committee as per the Government Resolution dated 19/3/2021, which is questioned for its validity in view of the law laid down by this Court in the case of Mahila Vikas Mandal, Aurangabad and Ors. V/s State of Maharashtra and Ors. Reported in 2014(2) ALL M.R. 605.
8. Present Petition be tagged with Writ Petition No. 5373/2021.
9. Parties to act upon the authenticated copy of this order.
Digitally Signed ByVIJAYA [ANIL L. PANSARE, J.] [SUNIL B. SHUKRE, J.] GOURISHANKAR YADAV Signing Date:18.10.2022 19:14 Yadav VG