This court dismissed a writ petition challenging an order cancelling a school transfer proposal due to lack of exceptional circumstances under applicable Government Policy and because the school was found to be closed since 2012.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
908 wp 5423-14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5423 OF 2014
Shri Sant Savata Mali Shikshan Prasarak Mandal & Anr. ..Petitioners
v/s.
The Director of Education & Ors. ..Respondents
Mr. Sanjiv Sawant for the Petitioner. Mr.P.P.Kakade, AGP for the Respondent nos.1 to 5 Mr. Surel Shah for the Respondent nos.7 to 9.
CORAM : RANJIT MORE &
SMT. ANUJA PRABHUDESSAI,JJ. DATED : JULY 19, 2016.
P.C.
the respondent nos.7 to 9. The petitioners claim that by order dated 31.8.2013 the petitioner no.2 school was transferred from Tembhurni
to Indapur. This order was challenged by some of the teachers in Writ Petition No. 11336 of 2013. By order dated 19.12.2013 this court set aside the order dated 31.8.2013 and consequent order dated 14.11.2013 and directed the Director of Education to hold
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necessary enquiry and pass fresh order. In pursuance of this direction, the Director of Education after giving opportunity of hearing passed a fresh order dated 27.3.2014 which is impugned in the present case. By the said order the petitioner nos.1's proposal to transfer the petitioner no.2 from Tembhurni to Indapur was canceled. Thereafter consequential orders are passed by the Deputy Director of Education on 7.5.2014 and 29.5.2014. The proposal of the petitioner no.1 was canceled as same is contrary to the policy of the Government for transfer of the school as laid down in the Government Resolution dated 31.7.2013. It was also observed that the petitioner no.2 school was shifted by the petitioner no.1 without prior written permission.
as the Government Policy contained in the Government Resolution dated 31.7.2013. We have also perused the letter of the Under Secretary, Government of Maharashtra, dated 1.3.2014 addressed to the Divisional Deputy Director of the Education, Pune Division, Pune which is annexed to the Government reply. The letter discloses that
the alleged order dated 31.8.2013 under which the petitioner alleged
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that the petitioner no.2 school is transferred to Indapur from Tembhurni was in fact not issued.
(ANUJA PRABHUDESSAI, J.)
(RANJIT MORE, J.)
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2 issues framed by the court
Whether a school transfer proposal can be quashed for lack of exceptional circumstances under Government Policy dated 31.7.2013.
Whether the closed status of the school since 2012 warrants interference with the impugned order cancelling the transfer.
Shri Sant Savata Mali Shikshan Prasarak Mandal & Anr.
The Director of Education & Ors.
RANJIT MORE
ANUJA PRABHUDESSAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
