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6. The learned Counsel for the Transferee Institution further submits that two more Ashram Schools were transferred by respondent no.1 from Kinala (Borli), Taluka : Umred, District : Nagpur to Sane Nagar, Amalner District : Jalgaon and from Devgaon, Taluka : Chandur (Railway), District :Amravati to Patharkheda, Taluka : Erandol, District : Jalgaon as per the Government Resolutions dated 04.03.2010. However, the said Ashram Schools have not been de-recognized by respondent no.1. This shows that the de-recognition of Ashram School of the Transferee Institution has been done with mala fide intention causing discrimination. He submits that as per Rule 2.23 of the Ashram School Code, once any Ashram School is de-recognized, the Institution, which was previously running that school, cannot be considered again for grant of approval to run the said Ashram School. Such a school, subject to certain conditions, is liable to transferred to other self-

13. Undisputedly, the Ashram School subject matter of this Writ Petition is governed by the Ashram School Code published by the Secretary, Tribal Development Department, State of Maharashtra, Mumbai, which is in force since the year 2006-07. As per Rule 2.23 of the Ashram School Code, a de-recognized school can be transferred to any other self-serving Institution or the Government itself may run it as the Government Ashram School. As seen from the Government Resolution dated 04.03.2010 and the above referred undisputed factual position, because of certain deficiencies on the part of the Original Institution in running the Ashram School properly, the said Ashram School was de-recognized by respondent no.1 on the report of respondent no.2 and subsequently was transferred to the Transferee Institution. This act of transfer seems to be in consonance with Rule 2.23 of the Ashram School Code.

It follows that the recognition to run the said Ashram School was granted in favour of the Transferee School as per the Government Resolution dated 04.03.2010. Therefore, if the said Ashram School was to be de-recognized for any reasons whatsoever, it was necessary for respondent no.2 to follow the provisions of Rule 2.16 of the Ashram School Code.

As per the said Rule, when the recognition of any Ashram School is proposed to be cancelled, the Commission should give full opportunity to the Institution running such school to furnish explanation. After giving such an opportunity, the concerned Institution should be informed the deficiencies in running the school and should be called upon to explain within the given time as to why the recognition of the Ashram School should not be withdrawn. As per Rule 2.17, if the Institution shows readiness to remove the deficiencies, the Commissioner should extend it a reasonable time for removal of the deficiencies. If the Commissioner is satisfied from the response of the Institution, then he may continue recognition of the Ashram School subject to certain conditions and instructions. If no positive response is received from the Institution, the Ashram School can be de-recognized.

14. As per Rule 2.19 of the Ashram School Code, if any Ashram School is de-recognized by the Commissioner, the Institution running that Ashram School previously would have right to file an appeal to the Secretary of the Tribal Development Department within 30 days. The Secretary, in turn, would extend the Institution an opportunity of being heard and then record his verdict on the appeal.