1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 1870/2007 Struggle Education Society Gondia, thr. Its Secretary ..vs.. The State of Maharashtra, Ministry of Education, thr. Its Secretary and others. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Mr. Meshram, Advocate for the petitioner. Mr. Adgokar, A.G.P. for respondent nos. 1 to 3. Mr. Kulkarni, Advocate for respondent no. 5. CORAM: ANOOP V. MOHTA AND C. L. PANGARKAR, JJ. DATED : 12 th September, 2008 1. The petitioner is a registered Society of Teachers, who are working with respondent no. 6. Pursuance to order dated 16.10.2007, passed in Writ Petition No. 5144/2006, this Court has directed to give hearing to the petitioner. After hearing, the Director of Education-respondent no. 2 as passed this order dated 14.03.2007 and observed as under:- “After hearing, the following decision is taken. Respondent no. 3 Dr. Babasaheb Ambedkar Smarak Samiti Nagpur has transferred the Management of the School run by it namely Dr. Babasaheb Ambedkar Vidyalaya, Gondia, to the 2 respondent no. 4 Diksha Bhumi Shikshan Sanstha Warathi by willingly and common decision and the permission for the same has been granted by the Deputy Director of Education, Nagpur vide Rule 12.2 of the Secondary School Code. Hence, except the above said two societies, the objection of third society namely Struggle Education Society cannot be considered.” 2. The learned counsel appearing for the petitioner still agitate that the issue that the Maharashtra Educational Institutions (Transfer of Management) Act, 1971 is applicable and, therefore, no procedure as prescribed was followed. We are not impressed by the said argument in view of clause 12.1 of the Secondary School Code, which is reproduced as under:- “12.1 When the Management of a School is proposed to be changed, previous permission of the Deputy Director shall be obtained for effecting the change.” 3. There is no dispute now that after considering the merits of the matter and after giving full hearing to the petitioner, concerned Authority has passed the order. The 3 reason so given,in our view, need no interference even on merits of the matter. Even otherwise, we see there is no case now made out by the petitioner by invoking the said provisions of the Act, which in the facts and circumstances of the present case are not applicable at all. Thus, the basic decision to change the Management of the School is contemplated under Rule 12.1 as referred to above. There is no question of the State Government's opinion in such matters and even of any investigation to transfer any Management. There is no such case at all. Therefore, no interference is called for in the impugned order. The writ petition is dismissed, accordingly. JUDGE JUDGE kahale