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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