1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9282 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mrs. Gauri K. Jadhav, for the petitioner. Mr. A.I.Patel, AGP, for respondent nos 1 to 3. CORAM: D.B.BHOSALE & U.D.SALVI, JJ. DATE : 26/04/2011 PC: Heard learned counsel for the parties. By this writ petition, the petitioner has impugned the order dated 13.10.2010 passed by Adiwashi Development Department, State of Maharashtra, Nashik, whereby they have cancelled the recognition of the petitioner’s Ashram Shala. The State has filed reply affidavit dated 31.1.2011 and, in paragraph 4 thereof in particular, has stated the reasons for cancellation of the T 2 recognition of the petitioner’s Ashram Shala. Paragraph 4 reads thus : “I say that in the surprise inspection of Ashram School run by the petitioner institute on 09/08/2010, it was seen that neither Superintendent, nor Head Master or other Teachers reside at the head-quarters of the said Ashram School. It was further found that the strength of students in the said Ashram School was less than the required strength. Only 184 students were there, when there should have been atleast 500 students. The books and note books were also not given to the concerned students. It is further found that the food given to the students is of substandard quality. The students are not given soap for bath or for washing clothes or oil etc. It is further found that, uniform is also not given to the students. There is no dinner hall for taking dinner to students and hence students take their dinner and lunch on the open ground. There is no separate room for students for sleeping at night, hence the students sleep in the class rooms. The class rooms, kitchen room and ground etc are found to be very dirty. For the girls students, rooms were taken on rent in the village. The said rooms were like godowns. There was rain water seepage in the said rooms where girl students were residing. There is no arrangement for drinking water or for water for bath etc for students. There is no toilet or bath room for girl students. There is no compound wall to the said Ashram School which is required for the safety of students. In the said inspection, it was found that administration of that Ashram School is totally neglected by the concerned Superintendent and Head Master. I say that the petitioner institute was receiving grants from Government to run the said Ashram School, however, the 3 petitioner was taking undue advantage of the said grants. Hereto annexed and marked as Exhibit-I is the copy of report dated 9/8/2010 of the Commissioner, Tribal Development Department, Maharashtra State, Nashik. In the circumstances, it was not proper to continue the recognition granted to the said Ashram School. Hence, respondent no.1 has passed the order dated 13.10.2010 derecognizing the said Ashram School from 30.10.2010 and for transferring the students taking education in that Ashram School to the nearby Ashram School. I say that the said order dated 13.10.2010 has been passed after hearing the Administrator and considering the explanation given by the said Administrator.” Having considered the deficiencies pointed out in the aforesaid paragraph of the reply affidavit, we are not inclined to entertain this writ petition. Hence, Petition is dismissed. However, dismissal of the petition shall not preclude the petitioners from removing the deficiencies and once again approaching the concerned authority for fresh recognition of their Ashram Shala. If any such application is made by the petitioner, the concerned authority shall consider the same on merits in 4 accordance with law and remaining uninfluenced by the observations made in this order. (U.D.SALVI, J.) (D.B.BHOSALE, J.) 5