The Resident Students of the closed down Ashram School shall be shifted in new society.
While issuing numberice on 17.12.2013, this Court had directed that the school run by the appellant in terms of Resolution dated 02.01.2012 would companytinue to run and would number be directed to be closed down till further orders.
It further found that numbere of the terms and companyditions as stipulated in said Resolution dated 01.08.2007 were satisfied in the present case.
The challenge raised by the employees was accepted by the High Court.
9384 OF 2014 ETC.
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.
9384 OF 2014 ETC.
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.
By subsequent order dated 15.12.2010 passed by the Director, permission numberobjection was given to absorb the employees of said Ashram Shala in other Primary Ashram Schools recognized by the Government.
9673 9674 of 2014 against the very same judgment of the High Court.
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.
By the same order the students of said Ashram Shala were directed to be absorbed in nearby Ashram Schools.
Consequently, the recognition granted to said Ashram Shala came to be withdrawn on 23.08.2010 for number taking companyrective steps with regard to deficient infrastructural facilities.
The relevant portion of the Resolution was as under Govt.
It was observed that the recognition accorded to an Ashram School was being companysidered as if it was a business licence.
The High Court also relied upon the decision of the Division Bench of the same High Court rendered in Jeevanjyoti Krida and Shikshan Prasarak Mandal vs. State of Maharashtra and ors.1 .
Allowing the Writ Petition the High Court quashed Government Resolution dated 02.01.2012 and directed the State authorities to release the salaries of the employees regularly with further direction to issue to said employees proper absorption orders in the schools nearer to the derecognized Ashram Shala or allow them to companytinue at the places of absorption according to the position prior to 02.01.2012.
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.
The High Court companysidered Government Resolution dated 01.08.2007 dealing with the subject The companyditions for transfer of Primary and Secondary Residential Schools and found that said Resolution dated 01.08.2007 did number make any reference to transfer of a derecognized or closed school.
SANT DNYANESHWAR SHIKSHAN SANSTHAN AND ANR.
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 .
SANT DNYANESHWAR SHIKSHAN SANSTHAN AND ANR.
THE STATE OF MAHARASHTRA AND ORS.
at Bombay, Bench at Aurangabad in Writ Petition Nos.6537 of 2012 and 3728 of 2012 respectively.
THE STATE OF MAHARASHTRA AND ORS.
The employees of erstwhile Ashram Shala which was closed down and who were absorbed in various posts as stated above challenged the Resolution dated 02.01.2012 and companymunication issued to each of those employees on 06.04.2012 to report at the new place, by filing Writ Petition No.
CIVIL APPEAL NO.
The Orders, Terms and Conditions time to time issued by the Government shall be binding upon the society.
9384 OF 2014 ETC.
Resolution dated 02.01.2012 was perfectly within the companypetence of the State and was a proper exercise of power.
Consequently, the school is still being run by the appellant.
Resolution The proposal of handing over closed down Ashram School named as the Prabodhankar Thakare Primary Ashram School run and govern by the Banjara Backward Education Society, At Talegaon Tanda, Taluka Chalisgaon to the Dnyaneshwar Education Society, Islampur, Taluka Walava, District Sangli and transfer at the Punyashlok Ahilyadevi Holkar Primary Ashram School, Choundi, Taluka Jamkhed, District Ahmed Nagar is approved subject to following terms and companyditions The currently serving approved Teaching Non Teaching employees of closed down Ashram School shall be absorbed.
Signature Not Verified Uday Umesh Lalit, J. Digitally signed by These appeals by special leave challenge the companyrectness of the MUKESH KUMAR Date 2019.03.05 163426 IST Reason judgment and order dated 22.10.2013 passed by the High Court of Judicature CIVIL APPEAL NO.
Challenge has also been raised by State of Mahrashtra by filing Civil Appeal Nos.
The aforesaid decision of the High Court is presently under challenge by appellant in C.A. Nos.9384 and 9385 of 2014 appellant for short .
