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6. The learned Addl. G.P. supported the impugned order.

CONSIDERATIONS :

7. ig Having heard learned counsel for the rival parties, the case in hand is one of simpliciter change of transfer of management governed by the provisions of Clauses 12.1 to 12.5 of the Secondary School Code ( the Code for short). The said clauses read as follows :-

Admittedly, the Deputy Director of Education did not at all make any enquiry about the so-called other liabilities ig or the alleged unavoidable reason and chose to abruptly accept the said reason as a good reason for change of management. Thus, this is a clearcut misuse of the unguided and unbridled power given under the said provisions i.e. Clause 12.1 to 12.5 of the Secondary School Code. It is, thus, clear that merely for asking the Deputy Director has passed the impugned order and changed the management. It is an admitted position that when the said impugned order was passed, none except the said two societies who were interested in handing over and taking over the School were heard. In other words, neither the students, teachers, non-teaching staff or the beneficiaries of the School which was grant-in-aid school or even the concerned Education Officer were at all heard. No attempt was made to find out the correctness of the reason furnished in the agreement for change of the management. We further find that merely because transferee school took the responsibilities of the employees of the school or its financial liabilities, the Deputy Director was impressed and satisfied to effect the change by making the impugned order which, in our opinion, is wholly arbitrary. Since none of the beneficiaries or the interested persons were at all heard by the Deputy Director of Education, we hold that the said order dated 16.10.2010 is in the violation of the principles of natural justice. It is unfortunate to note that Clause 12.1 to 12.5 do not provide for the aforesaid compliance or transparency in the matter.

21. Maharashtra Educational Institutions (Management) Act, 1976, which was brought into force for taking over of management and appointing 'Administrator' on the school also provides for modalities, transparency and compliance with principles of natural justice.

22. We are, however, faced with a situation particularly with reference to Clauses 12.1 to 12.5 of the Secondary School Code wherein no modalities, transparency and compliance of rules of natural justice is provided. There is no reason why the spirit of said provisions should not be taken into consideration while considering the request for transfer of the school.