Dnyanranjan Education Trust Hudco Mr. Raosaheb Sidharam Patil And Another v. The State Of Maharashtra And Others

14006.21WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 WRIT PETITION NO.14006 OF 2021 DNYANRANJAN EDUCATION TRUST AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr.G.N. Kulkarni (Mardikar), advocate for petitioners. Mrs.R.P. Gaur, A.G.P. for respondent nos.1 to 3. ...

CORAM : RAVINDRA V. GHUGE & S.G.DIGE, JJ.

DATE : 08.04.2022 P.C. :

1.

On 14.12.2021, this Court had considered the submissions of the petitioners and passed the following order:- "1. The proposal was made by the petitioners for transfer of the school to respondent no.5. The learned Counsel submits that subsequently the petitioners filed a proposal for cancellation of the proposal for transfer. According to the petitioners, the same is not decided as yet.

2.

Issue notice to the respondents, returnable on 08-02-2022. The learned AGP waives notice for respondent nos.1, 2 and 3."

2.

The learned advocate for the petitioners

14006.21WP submits, on instructions, that they do not resile from the statement that they have actually requested for transfer of the school. However, till today there has not been transfer. However, respondent no.5 has started operating the online portal though the school has not been factually transferred. Hence, it is submitted that the pending request of the petitioner dated 22.02.2016 praying for cancellation of the proposal for transfer, be decided by respondent nos.2 and 3 within a time frame.

3.

The learned A.G.P. records his reservation about the said request on the ground that the Management cannot be permitted to request for transfer and the next moment, again pray for cancellation of the said request. 4.

Nevertheless, respondent nos.2 and 3 would deal with the said request of the petitioners for cancellation of the proposal for transfer.

5.

In view of the above, this petition is disposed off. Respondent nos.2 and 3 shall consider the request dated 22.02.2016 placed at Exhibit-C in the petition paper book, on its own merits and by considering the attending circumstances, on or before 20th May, 2022.

(S.G.DIGE, J.) (RAVINDRA V. GHUGE, J.) SGA