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Bombay High Court

KISHANRAO SHIKSHAN PRASARAK MANDAL UDGIR THROUGH ITS PRESIDENTversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that the subsequent government resolution dated 15.10.2024 shall not impede the petitioner's proposal and the earlier rejection must not influence the respondents.

Summary

The petitioner, Kishanrao Shikshan Prasarak Mandal Udgir, challenged the order dated 08.08.2024 in which its proposal for the transfer of an Ashram school was rejected on the ground of four deficiencies. The petitioner remedied all the deficiencies and communicated the compliance to the Additional Commissioner on 11.10.2024, which was relayed to the Commissioner on 14.10.2024. The State subsequently issued a government resolution on 15.10.2024 concerning the transfer, which the petitioner argued should not prejudice its corrected proposal. The Court held that the later government resolution cannot be allowed to defeat the petitioner's duly complied proposal and that the earlier rejection must not influence the respondents. Accordingly, the writ petition and the pending civil applications were disposed of in favour of the petitioner.

Issues considered

  • What effect, if any, does a subsequent government resolution have on a petitioner's proposal that has complied with previously identified deficiencies?
  • Can the earlier rejection of the proposal be taken into account in deciding the petition after compliance?

Subjects

  • transfer of Ashram school
  • government resolution
  • deficiency compliance
  • writ petition
  • High Court of Bombay
  • administrative order

Judgment

2026:BHC-AUG:16313-DB


                                                {1}                    935-wp-9857-2024

                          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                     BENCH AT AURANGABAD

                                   WRIT PETITION NO. 9857 OF 2024
                   Kishanrao Shikshan Prasarak Mandal Udgir Through Its President

                                                VERSUS

                    The State Of Maharashtra Through Its Secretary And Others
                                                …..
              Mr. Yuvraj Kakde, Advocate for the Petitioner
              Mr. M.A. Aher, AGP for State
                                                WITH
                                CIVIL APPLICATION NO. 2087 OF 2026
                                         IN WP/9857/2024
                                                WITH
                                 CIVIL APPLICATION NO. 4150 OF 2026
                                           IN WP/9857/2024
                                                 ......

                                      CORAM : NITIN B. SURYAWANSHI AND
                                               VAISHALI PATIL JADHAV, JJ.


                                         DATE : 10th APRIL, 2026
              ORDER :

              1.     The petitioner has challenged the order dated 08.08.2024 by

              which the proposal of the petitioner is rejected by citing four

              deficiencies. Now the Government has issued advertisement and

              proposals have been called for transfer of Ashram school.


              2.     The petitioner states that petitioner has complied with the all the

              deficiencies mentioned in the order and same was informed to the

              Additional Commissioner on 11.10.2024 and Additional Commissioner,
                                     {2}                      935-wp-9857-2024

Tribal Development Department has informed the Commissioner about

the same on 14.10.2024. In this view of the matter, we are of the view

that while considering the proposal of the petitioner, subsequent

Government Resolution dated 15.10.2024 should not come in the way

of the proposal of the petitioner.


3.       The respondents shall not be influenced by the earlier rejection

of the proposal.


4.       With the above observations, writ petition is disposed of.


5.       Pending civil applications also stand disposed of.



(VAISHALI PATIL JADHAV, J.)                (NITIN B. SURYAWANSHI, J.)




Bhagyawant Punde


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