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Bombay High CourtCAW/2192/2023ca disposed off

Purogami Berojgar Nari Bahuuddeshiya Sanstha, Thr. Secretary, Smt. Swati P. Rathi And ANR v. State Of Maharashtra, Thr. Secretary, Tribal Devpt. Dept., Mumbai And ORS

2023-07-20Hon'Ble Shri Justice Rohit Baban Deo,Hon'Ble Shri Justice M. W. Chandwani2 pages

1 caw2192.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Civil Application (CAW) 2192/2023 In Writ Petition 6021/2022 ( Purogami Berojgar Nari Bahuudeshiya Sanstha and another Vs. State of Maharashtra and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.S.Patil, Advocate for petitioners.

Mr. M.K. Pathan, Addl.G.P. for respondents 1 to 4. CORAM : ROHIT B. DEO AND M.W.CHANDWANI , J J .

DATED : 20 - 07-2023 1.

This application is preferred by the State seeking revocation of the interim order dated 27.9.2022, which states that the effect and operation of the G.R. dated 16.9.2022 to the extent, the name of the petitioner school is deleted from English Medium Schools, where the tribal students can be admitted.

2.

The alternative prayer is to allow the Tribal Department to transfer the tribal students from the petitioner school to the other school on request made by students or their parents.

3.

The learned counsel for the petitioners Mr.

Patil states that there is no objection, if the alternative prayer is granted, and as a fact that the petitioners too have already informed the State by letter dated 17.7.2023, that if the students or their parents wish to shift, the petitioners shall have no objection.

2 caw2192.23 4.

The letter dated 17.7.2023 addressed by the Management to the Tribal Department is taken on record and marked Exhibit 4.

5.

Therefore, we modify the interim order dated 27.9.2022 and clarify that if the students or their parents wish to shift to some other school, the Tribal Department shall be free to ensure that such students are appropriately accommodated to other school/s. 6.

Civil Application is disposed of.

Writ Petition 6021/2022 7.

Stand over to 4.8.2023 for final hearing.

(M.W.CHANDWANI, J.) (ROHIT B. DEO, J) ambulkar Signed By:MUKUND LAXMANRAO AMBULKAR Private Secretary