Jai Santoshimata Sevabhavi Sanstha Thr Its Secretary Baban Vishwanath Shinde v. The Honble Minister And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 36 WRIT PETITION NO.4530 OF 2022 Jai Santoshimata Sevabhavi Sanstha, ...PETITIONER Through its Secretary, Mr. Baban Vishwanath Shinde

VERSUS

1.

The Hon'ble Minister, ...RESPONDENTS Social Justice Department, Maharashtra State, Mantralaya, Mumbai 2.

The Competent Authority-CumCommissioner Divyang Kalyan, Maharashtra State, Pune 3.

The District Social Welfare Officer, Beed, Tq. & Dist. Beed Mr. S. S. Thombre, Advocate h/f Mr. M. S. Karad, Advocate for the petitioner Mr. S. B. Pulkundwar, AGP for the respondents/State Mr. P. D. Suryawanshi, Advocate for respondent No.3 CORAM : KISHORE C. SANT, J.

DATE: 06th JULY, 2023 P. C.

1.

Registration/license to run the school for disabled person came to be cancelled since certain deficiencies were

(2) found. Learned Commissioner therefore, passed an order dated 19-03-2020. The petitioner challenged the said order before the Hon'ble Minister. The Hon'ble Minister after considering the report and the record passed the order dated 07-01-2022, confirming the order passed by the learned Commissioner under the Persons with Disabilities [Equal Opportunities, Protection of Right and Full Participation] Act, 1995. The petitioner, therefore, has approached this court. This court by order dated 26-04-2022 issued notice for final disposal by directing the learned AGP to file reply stating as to whether the petitioner has removed deficiencies in view of the letter dated 30-06-2020 that was issued by him to the authorities pointing out that deficiencies are removed. Pursuant to that action inspection was carried out.

Now by communication dated 14-06-2023 the learned Commissioner has informed the learned AGP that deficiencies have been removed. Learned AGP in view of this communication submits that since deficiencies are removed respondent No.2 has to pass necessary orders for granting permission.

(3) upon the report received from the District Social Welfare Officer, Zilla Parishad, Beed.

2.

In view of the above, orders passed by the Hon' ble Minister dated 07-01-2022 is hereby quashed and set aside consequently, the order dated 19-03-2020 passed by the learned Commissioner is also set aside.

3.

Learned Commissioner-respondent No.2 could pass fresh orders in view of removal of deficiencies for granting license.

4.

Needless to say that the learned Commissionerrespondent No.2 will pass consequential orders. [KISHORE C. SANT, J.] VishalK/36wp4530.22