CANOSSA SOCIETY, CANOSSA CONVENT Vs. COMMISSIONER, SOCIAL WELFARE, DIRECTORATE, GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) By this Writ Petition filed under Article 226 of the Constitution of India, the petitioner challenges an order dated 17.6.2011 passed by the respondent no.1-The Commissioner, Apang Kalyan Ayuktalaya, Maharashtra State, Pune. By the impugned order the petitioner has been directed to absorb respondent no.4 on the post of Caretaker, who is an employee rendered surplus on account of the closure of a handicapped school at Gadipura, Taluka and District Nanded.

(2.) The petitioner no.1 is a trust registered under the Bombay Public Trust Act, 1950 and is conducting petitioner no.2 school, catering exclusively to impart education to mentally challenged students. The respondent no.1- the Commissioner for Social Welfare, Government of Maharashtra is an authority which exercises control on such schools.

(3.) The petitioner no.1 trust was established on 1.2.1955 by Roman Catholic Trustees professing and practicing Christianity as their religion. The founding trustees of the petitioner no.1 were Roman Catholics nuns. Since inception the trustees of the petitioner no.1 were nuns practicing and professing Christianity. The petitioner no.2 school was established in the year 1976 and was recognized by the respondent no.1 on 8.12.1989.