Bombay High Court
D.B.K. Jankalyan Shikshan Sanstha Thr. ... vs State Of Maha. Thr. Principal ... on 22 December, 2021
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. 5373 OF 2021
D.B.K. Jankalyan Shikshan Sanstha and Ors.
Vs.
State of Maharashtra and Ors.
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri Firdos Mirza, Advocate a/by Shri Neeraj Karade, Advocate
for petitioners.
CORAM : SUNIL B. SHUKRE AND
ANIL L. PANSARE, JJ.
DATE : 22.12.2021 Heard Shri Mirza, learned counsel for the petitioner.
2. The submission is that by an executive instruction like the Government Resolution dated 19.03.2021 (the impugned G.R.), State Government cannot appoint any NGO or a private agency to perform the statutory functions of the Officers of the State Government relating to superintendence and inspection of the granted Ashram Schools, in view of the provisions contained in Paragraph No.17.2 of Ashram School Code, Section 48 of the Maharashtra Primary Education Act,1947 (for short 'Act of 1947') and also Rule 12 of the Maharashtra Right of Children to Free and Compulsory Education Rules, 2011.
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3. The further contention is that when in one case, case of Mahila Vikas Mandal, Aurangabad and Ors. Vs. State of Maharashtra and Ors ., reported in 2014(2) ALL.M.R. 605, such duties entrusted to the Revenue Officers were found to be violative of the provisions contained in Section 48 of the Act of 1947, it was held that the entrustment of the said duties to an NGO or a private agency could never be said to be in consonance with the scheme of the Act of 1947 and the aforestated provisions of law and executive instruction as contained in the Ashram School Code.
4. We have considered the provisions of law relied upon by the learned counsel for the petitioner. We have also gone through the impugned Government Resolution. We are of the opinion that the submissions made across the bar require consideration by this Court.
5. Issue notice for final disposal at admission stage to the respondents, returnable after four weeks.
6. Shri A.A. Madiwale, learned AGP waives service of notice for respondent Nos.1 to 3.
7. Meanwhile, there shall be interim stay to the effect and operation of the impugned Government Resolution dated 19.03.2021 to the extent, it authorizes
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JUDGE JUDGE Prity Digitally signed by PRITY S PRITY S GABHANE GABHANE Date: 2021.12.22 18:46:28 +0530