1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1032 OF 2010. Rashtriya Shikshan Sanstha. ..Vrs.. The State of Maharashtra and Others. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. (Mr. A. M. Gordey, Senior Advocate for petitioner. Mr. A. Parihar, Assistant Government Pleader for respondent Nos. 1 to 4. Mr. A. Z. Jibhkate, Advocate for respondent No.5. Mr. R. L. Khapre, Advocate for respondent No.6.) --00-- CORAM : B. P. DHARMADHIKARI & A. P. BHANGALE, J J. DATED : 13 th. September, 2011. Heard, Mr. A. M. Gordey, learned Senior Counsel with Mrs. R. D. Raskar, learned Counsel for the petitioner, Mr. A. Parihar, learned Assistant Government Pleader for respondent Nos. 1 to 4 and Mr. A. Z. Jibhkate, learned Counsel for the respondent No.5. 2. Mr. Bhoot, learned Counsel h/f Mr. Khapre, the learned Counsel for respondent No.6, seeks adjournment as Mr. Khapre, learned Counsel, is not available. The adjournment is sought, after we have heard the learned Senior Counsel for the petitioner for some time. As we do not see any prejudice to add respondent No.6- Sneha Shikshan Sanstha, Lakhori in the matter, we have rejected the request of adjournment. 2 3. It is admitted fact that in 1987 the petitioner before us was sanctioned a school at village Pimpalgaon (Sadak). In the year 1997 it was derecognized. After derecognization the Society by name Sneha Bahuuddeshiya Shikshan Sanstha was permitted to run that school. Said school then transferred the same to respondent No.6-Sneha Shikshan Sanstha, Lakhori and respondent No.6-Sneha Shikshan Sanstha, Lakhori, commenced the school at a different place namely Lakhori. The said transfer was found invalid and infractuous by the Deputy Director of Education, Nagpur, as per his order dated 11th March, 2011. This order was challenged by the respondent No.6-Sneha Shikshan Sanstha, Lakhori, by filing Writ Petition No.1570 of 2011 before the Division Bench of this court and that Writ Petition was disposed of on 27th July, 2011 and the statement of learned Counsel for the petitioner’s that Sneha Bahuuddeshiya Shikshan Sanstha, Lakhori, was willing to make an application to the Deputy Director of Education, Nagpur, for transferring the management / original staff to Sneha Shikshan Sanstha, Lakhori, was recorded with directions to the Deputy Director of Education, Nagpur, to consider that application in accordance with the law. The Division Bench has also noted that even though a ban on such transfer of management in accordance with the existing Government policy was to be presumed, said ban would not be attributed while considering the case of petitioner before it for transfer 3 as Deputy Director of Education, Nagpur had already permitted transfer of management in the year 2007 itself. The Division Bench, therefore, noted that the grievance of petitioner before it was already redressed and the Writ Petition was accordingly disposed of. 4. The petitioner before us who was earlier granted that school and managed it from 1987 to 1997 had applied to the State Government for running that school again. It appears that said request was considered by the Hon’ble Minister of State (Physical Education) and hearing was extended to the present petitioner on 30th June, 2009. The request made by the petitioner has been rejected because of pendency of the Writ Petition No.166 of 2001 and the orders of State Government dated 23.04.2003 permitting the Sneha Shikshan Sanstha, Lakhori, to start/ manage that school. The report of Education Officer that Sneha Bahuuddeshiya Shikshan Sanstha, Lakhori, may object permission to present petitioner appears to have been accepted by the State Government. The Hon’ble Minister of State (School Education) has also noted that the order permitting the Sneha Shikshan Sanstha, Lakhori, to transfer the school was not questioned by the petitioner for over period of three years. The report of Education Officer was called for and thereafter the request of petitioner was rejected because of orders dated 23.04.2003, granting permission to transfer the said school in favour of Sneha 4 Shikshan Sanstha, Lakhori. 5. Mr. A. Z. Jibhkare, learned Counsel for respondent No.5 has pointed out that respondent No.6-Sneha Shikshan Sanstha, Lakhori,had never started school at Lakhori and hence, the reasons for passing order on 11th March, 2011 by respondent No.3- The Deputy Director of Education, Nagpur were not in existence. 6. The subsequent events noted by the Deputy Director of Education, Nagpur that the said order granting permission to transfer was infructuous and hence restoration of school to Sneha Bahuuddeshiya Shikshan Sanstha, Lakhori, has not been looked into by the Hon’ble Minister of State (School Education). Not only this the subsequent order dated 27th July, 2011 passed by the Division Bench, therefore, is also not looked into. It is to be noted that impugned order is passed on 09th October, 2009 i.e. long before all these developments. 7. In this situation, we find that the interest of justice can be met with by directing respondent no.1-State to reconsider the entire issue in the light of these subsequent developments and take appropriate decision after giving all concerned parties necessary opportunity of hearing. We, accordingly direct parties to appear before the respondent No.1-State in the matter on 12th October, 2011 and to abide by further directions of State/office in the matter. The office of respondent No.1-State shall make an attempt to take final 5 decision in the matter as early as possible and in any case by 31st January, 2012. Impugned orders shall not come in its way while appreciating the position and taking necessary decision. 8. Writ Petition is accordingly disposed of with these directions with no orders as to costs. JUDGE JUDGE Deshmukh