Sant Dnyaneshwar Shikshan Sansthan vs The State Of Maharashtra

2. A Primary Ashram School was being run by Banjara Magasvargiya Shikshan Prasarak Mandal in the name of Prabodhankar Thakare Prathmik Ashram Shala, Talegaon Tanda, Taluka-Chasligaon, Distt-Jalgaon. Around 2009 certain irregularities and deficiencies having been found, a report was submitted to the Director of VJNT, OBC, Social Welfare of Special Backward Class, Pune. Consequently, the recognition granted to said Ashram Shala came to be withdrawn on 23.08.2010 for not taking corrective steps with regard to deficient infrastructural facilities. By the same order the students of said Ashram Shala were directed to be absorbed in nearby Ashram Schools.

3. By subsequent order dated 15.12.2010 passed by the Director, permission/no objection was given to absorb the employees of said Ashram Shala in other Primary Ashram Schools recognized by the Government. In a tabulated chart, the order noted the names of Primary Ashram Schools where each of those employees was to be absorbed and directed the employees to report within seven days. The employees at Sl.Nos.10,11 and 12 were temporarily adjusted in the office of Special District Welfare Officer and after review of vacant posts in the division, the adjustment of said employees was CIVIL APPEAL NO. 9384 OF 2014 ETC.

to be undertaken. In partial modification of the aforesaid order, an order was passed on 18.06.2011 making revised postings of the employees.

4. Thereafter, on 02.01.2012 a Resolution was passed by Government of Maharashtra, Department of Social Justice and Special Assistance accepting proposal of handing over said Ashram Shala to another entity named Sant Dnyaneshwar Shikshan Sanstha, Islampur, Taluka Walava, District Sangli (appellant in Civil Appeal No.9384 and 9385 of 2014). Under the Resolution the entire Ashram Shala which had been closed down was to be transferred to a place at a distance of 400 kms. The relevant portion of the Resolution was as under:-

9. If the location of the Sanstha (Organisation) is changed without seeking the permission of the authority then in that case it will be held illegal and for that the Govt. authority will not be responsible for any query which may be raised on issues such as staff, immovable property population of the children. And the permission given to that organization will stand cancelled. The govt. authority will have the right and power to hand over the functions of the Sanstha to some other Sanstha/Organization.” CIVIL APPEAL NO. 9384 OF 2014 ETC.

CIVIL APPEAL NO. 9384 OF 2014 ETC.

SANT DNYANESHWAR SHIKSHAN SANSTHAN AND ANR. VS. THE STATE OF MAHARASHTRA AND ORS. 10

(ii) The Director (VJNT) or, as the case may be, the Director (Tribal Development) shall hold an enquiry in regard to the reasons for a proposed change in management. The concerned District Social Welfare Officer shall submit a report to the Director (VJNT) or, as the case may be, the Director (Tribal Development) before a final decision is taken. The track record and credentials of the proposed transferee management(s) shall be duly considered;

(iii) After objections are heard, the Director (VJNT) or, as the case may be, the Director (Tribal Development) shall pass a reasoned order. The actual transfer or change in management shall be given effect to thirty days after the publication of the passing of the order in the same mode of publication as indicated earlier and it should preferably be from the commencement of the new academic session, unless for exceptional reasons it becomes necessary to exercise the power during the academic year to prevent a disruption of the education of the children.”

SANT DNYANESHWAR SHIKSHAN SANSTHAN AND ANR. VS. THE STATE OF MAHARASHTRA AND ORS. 11

SANT DNYANESHWAR SHIKSHAN SANSTHAN AND ANR. VS. THE STATE OF MAHARASHTRA AND ORS. 12

session 2019-2020. However, the school of the appellant which is presently functioning by virtue of Resolution dated 02.01.2012 shall not be allowed to function from the academic session 2020-2021.

b) The State authorities are directed to invite proposals strictly in terms of the directions issued by the High Court in Jeevanjyoti1 from interested parties/societies to set up a new school or conduct the very same school which was closed down. Preference shall be given to those who wish to re-start or set up a new Ashram School at a location in conformity with Resolution dated 01.08.2007. If no such proposal is received or is not found viable, then in terms of the decision in Jeevanjyoti1 and for exceptional reasons to be recorded, permission may be given to start a new Ashram Shala at a location beyond the limits prescribed under said Resolution dated 01.08.2007. In either case, there shall be adequate publicity and steps will be undertaken in conformity with the decision in Jeevanjyoti1.

CIVIL APPEAL NO. 9384 OF 2014 ETC.

SANT DNYANESHWAR SHIKSHAN SANSTHAN AND ANR. VS. THE STATE OF MAHARASHTRA AND ORS. 13

c) The employees who are presently transferred to the school of the appellant shall always be treated to be in continuous service and the entire period from 02.01.2012, right upto the date of this judgment, shall be taken to be part of continuous service.

d) All those employees, till the conclusion of academic session 2019-2020 shall be part of the school presently being run by the appellant. Contemporaneous with the closure of said school in terms of direction (a), the services of the employees shall be directed to be absorbed in any school wherever there are vacancies, or to the school which, as a result of the aforesaid direction would either be re- started or newly set up.

e) The employees shall be entitled to salary and emoluments for the period that they had rendered service. For the period they could not/did not render service, the employees shall be entitled to 25% of back-wages.

(f) All the arrears of salary and emoluments shall be released by the State Government to the employees within six weeks from today.

CIVIL APPEAL NO. 9384 OF 2014 ETC.

SANT DNYANESHWAR SHIKSHAN SANSTHAN AND ANR. VS. THE STATE OF MAHARASHTRA AND ORS. 14

14. With the aforesaid directions these appeals stand dismissed without any order as to costs.