LAWS(BOM)-2021-11-70

GURUDEO VIDYA PRASARAK MANDAL Vs. STATE OF MAHARASHTRA

Decided On November 17, 2021
Gurudeo Vidya Prasarak Mandal Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties.

(3.) By the order passed on 22nd September, 2020, the recognition granted to the secondary and higher secondary ashram school run by the petitioner-society has been permanently cancelled by respondent No.2. This order of respondent No.2 has been confirmed by the State Government i.e. respondent No.1 by its order passed on 5th May 2021. It is the contention of learned Senior Advocate that both these orders are bad-in-law as they are passed in violation of principles of natural justice in the sense that they draw heavily from two inspection reports, but copy of any of the inspection reports has not been furnished to the petitioner to its explanation. He further submits that even there was another inspection report submitted after surprise visit paid to the school on 12th February, 2020 by the Flying Squad of Nashik Tribal Commissionerate and that this report was completely in favour of the petitioner. He points out that this report did not mention anything adverse against the petitioner and it was also referred to by respondent No.1 in its order dated 5th May, 2021 but, it was unfortunately not considered in any manner rather, it was ignored by the State Government.