1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Contempt Petition No.215 of 2010 In Writ Petition No.1134 of 2010 (D) (Nirmala Adivasi Shikshan Sanstha, Nagpur, and another v. Shri Uttam Khobragade, Secretary, State of Maharashtra) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri P.N. Shende, Advocae for Petitioners. Smt. B.H. Dangre, Additional Government Pleader for the Respondent. Coram : R.K. Deshpande, J. Dated : 21 st December, 2010 The complaint in the contempt petition is that this Court had directed the petitioners to make a fresh application for transfer of the School to Bothli (Kinhala) and the respondents were directed to grant the said application unless any requirement of law is not fulfilled, within a period of four weeks and to communicate the order to the petitioners. The respondent No.1 has filed the affidavit dated 16-12-2010. In para 9 of the affidavit, it has been stated as under : “I state that in compliance of the order passed by the 2 Hon’ble High Court had fixed the hearing on 03 rd September 2010 and on 20 th November 2010 I passed the order, thereby intimating the petitioners that he has requested for transfer of school from Mouza Bothli (Gond) to Kinhala (Bothli). However, as per Rule 3.42(A) of the Ashram School Code which is necessary that the proposal should be accompanied with documents including the Resolution of the Local School Committee, no objection from the Gram Panchayat and no objection from the Gram Panchayat of the place where the school is to be shifted etc., however, the proposal is not accompanied by the said documents, the same cannot be considered. I most respectfully state before this Hon’ble Court that the petitioners are alleging disobedience of the order passed by the Hon’ble High Court on 11 th June 2010 and alleged that the order passed on 20 th November 2010 is in utter disregard to the orders passed by this Hon’ble Court on 11 th June 2010. I most respectfully state before this Hon’ble Court that the Hon’ble Court by order dated 11 th June 2010 had directed the petitioners to make fresh application for transfer of school to Bothli (Kinhala) and Hon’ble Court has also observed that the respondent shall grant the said application unless any requirement of law is not fulfilled. I state that since the petitioners are seeking transfer of the school from one place to another on the provisions relating to transfer of school as provided by the law in existence must be complied with. I have thus intimated to the petitioners that his proposal for shifting is not accompanied with the necessary documents which needs to be accompanied along with the application for shifting of the school and for taking appropriate decision on the proposal of shifting. I state that, I have acted in compliance of the order and direction issued by this Hon’ble Court on 11 th June 2010 and there is no disregard to the order passed by this Hon’ble High 3 Court.” The petitioners have also filed an application for amendment, i.e. Civil Application No.127 of 2010, to which an order dated 20-11-2010 is annexed. In the affidavit, it is stated that the petitioners have been intimated that their proposal for shifting is not accompanied with necessary documents, which needs to be accompanied along with the application for shifting of the school and for taking appropriate decision on the proposal of shifting. The petitioners are aware of the order. The decision has been taken and communicated. In view of this, nothing survives in this contempt petition. The same is, therefore, dismissed. If the petitioners are aggrieved by the decision taken by the Government, they have their own remedies available in law. Judge pdl