GULAM NABI AZAD WELFARE SOCIETY Vs. STATE

JUDGEMENT

(1.) Heard.

(2.) The challenge in the present petition is to the order dtd. 6/7/2022 issued by respondent No.1 - State of Maharashtra thereby allowing transfer of school run by 'Jiwan Jyoti Gramin Shikshan and Samaj Sudhar Society, Amravati (Minority Institution)' and 'J.J.Urdu Primary School, Hanuman Nagar, Amravati, Urdu Medium (Semi English) (Stds. 1 to 4)' to Plot No.25, Mugliapura, Paratwada, tahsil Achalpur, district Amravati.

(3.) The respondent No.5, is the Secretary, Jiwan Jyoti Sanstha, Hanuman Nagar, Amravati and respondent No.6 is headmaster of J.J.Urdu Primary School Hanuman Nagar, Amravati. The respondent Nos.1 to 4 are State Machineries. The petitioner is the President of Gulam Nabi Azad Welfare Society which was running 'Maharashtra Urdu Purva Primary School' at Mugliapura, Paratwada, tahsil Achalpur, district Amravati since the year 1999 and the petitioner's school is minority school for Urdu Medium run by the petitioner society. The respondent No.5 - Secretary, Jiwan Jyoti Sanstha, Hanuman Nagar, Amravati, submitted a proposal for transfer of J.J.Urdu Primary School, Hanuman Nagar, Amravati to Achalpur at Mugliapura, Paratwada. The said proposal is accepted by the Education Officer (Primary) after spot inspection of proposed site. After the said proposal submitted by respondent No.5, the petitioner raised an objection on the ground that if proposal is accepted, it would lead to creation of unhealthy competition between these two schools i.e. the petitioner's school and newly transferred school of the respondents. The Education Officer (Primary) had not considered the said objection and illegally transferred the said school. The action of the Education Officer is illegal and arbitrary and liable to be set aside.