(1) wp1607-06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1607 OF 2006 Gautam s/o Nagnath Suryawanshi PETITIONER VERSUS The State of Maharashtra & others RESPONDENTS ..... Mr. N.L. Jadhav, advocate for the Petitioner. Mr. V.H. Dighe, A.G.P. for the Respondent-State. Mr. K.J. Ghute-Patil, advocate for Respondent No.2. Mr. S.S. Jadhavar, advocate for Respondent No. 4. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 14th SEPTEMBER, 2011 ORAL ORDER: 1. By way of present petition, the petitioner is challenging the permission to shift the Ashram School of Scheduled Caste Boys and Girls from Jekekur to Tuljapur. 2. Learned advocate Mr. N.L. Jadhav, appearing for the petitioner, submits that in view of judgement of the Division Bench of this Court in the case of "Gramoddhar Vidya Prasarak Shikshan Sanstha vs. State of Maharashtra and others" reported in 2011 (5) ALL MR 243, the provisions of Clause 3.41 of the Ashram (2) wp1607-06 School Code are applicable and therefore, the shifting of the Ashram School is not permissible. It is also contended by Mr. Jadhav that the respondent No. 4 School is being run by one Cabinet Minister, namely, Shri Laxman Dhoble and it is at the behest of political pressure. 3. It is contended on behalf of the respondents that the said Ashram School Code applies only to the Ashram Schools run by the Tribal Welfare Department and not for any other schools. 4. Without going into the question as to whether the Ashram School Code is applicable or not in the present case, the perusal of Clause 2.41 of the Code would reveal that the transfer/shifting is possible if there is a possibility of natural calamity like flood, earthquake, etc. One of the conditions on which the permission for shifting of the Ashram School can be granted is non-availability of the required facilities. 5. In the report which is filed on record, it has been stated that in village Jekekur, there are (3) wp1607-06 occurrences of earthquake. It is further found that there are no proper facilities in the Ashram School at Jekekur like the proper building and other infrastructure. It has been found that the Ashram School was run in a rented premises and the Management did not have the necessary infrastructure. It has been found that as against this, at Tuljapur, there are adequate facilities and the required infrastructure available. It has been found that there is a building which can house the classes, residential premises for the students, so also the residential quarters of the Superintendent and other staff of the School. 6. It can thus be seen that the conditions which are germane to the provisions of Clause 2.41 of the Ashram School Code are available in the present case, which permit shifting of the Ashram School from Jekekur to Tuljapur. 7. In so far as the allegations as regards colourable exercise of powers and political malafides are concerned, neither the said Hon'ble Minister has (4) wp1607-06 been made a party-respondent, nor any specific allegations against the said Hon'ble Minister are made in the petition and as such, in view of the settled position of law, it would not be appropriate to go into the allegations made in that regard. 8. In so far as the judgement of the Division Bench in the matter of "Gramoddhar Vidya Prasarak Shikshan Sanstha vs. State of Maharashtra and others" (supra), on which reliance is placed by the learned counsel for the petitioner, in the said case, the Court has come to a specific finding that apart from the political pressure, the conditions as stipulated in Clause 2.41 of the Code were not available. Such is not a case in this matter. In that view of the matter, the petition is dismissed. Sd/- Sd/- [M.T. JOSHI, J.] [B.R. GAVAI, J.] npj/wp1607-06