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Showing contexts for: ashram school code in Adiwasi Magaswargiya Vikas Shikshan ... vs The State Of Maharashtra And Ors on 14 September, 2017Matching Fragments
10. It is submitted by the learned Counsel that there is no provision in the Ashram School Code permitting respondent No.1 to transfer the Management and School run by the Ashram School to any other School run by any other Management. He submits that the School which was run by the petitioner has been illegally transferred depriving the tribal students who were being provided education by the petitioner in the said School from last several years.
12. In support of his submission that the respondent no.1 could not have passed the order of transfer of Management and School to respondent No.4 without there being any provision in the Ashram School Code, the learned Counsel placed reliance on the Judgment delivered by Division Bench of this Court in the case of Jeevanjyoti Krida and Shikshan Prasarak Mandal Versus State of Maharashtra and others [2012 (6) ALL MR 281] and in particular paragraphs 10 to 12 thereof.
13. Mr. Gujrathi, learned A.G.P. for respondent Nos. 1 to 3 on the other hand invited our attention to various averments made in the reply affidavit filed by respondent Nos.1 to 3. He submits that the opportunities were granted to the petitioner by respondent No.1 to remove all the deficiencies pointed out by the respondent Nos.1 to 3 from time to time. However, the petitioner could not remove all such deficiencies. He invited our attention to Clauses 3.22 and 3.23 of Ashram School Code and would submit that the respondent No.1 having derecognised the petitioner, the petitioner could not have applied for continuation of the permission to run the School. He submits that under Clause 3.23 of the said Ashram School Code, the State Government has been empowered to transfer the management of such derecognised School and the School or to run the said School itself.
22. In so far as the impugned order dated 10.04.2008 passed by respondent No.1 thereby transferring the Management and School run by the petitioner to respondent No. 4 is concerned, though the learned Counsel for the petitioner initially raised an issue that the said impugned order dated 10.04.2008 was without any powers described under the provisions of Ashram School Code, when the attention of the learned Counsel was invited to Clause 3.23 of Ashram School Code, the learned Counsel fairly admitted that the said power of transfer of Management and School vests with the respondent No.1.