CHUNNILAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Heard finally with the consent of the learned counsel appearing for the parties.

(2.) Both these petitions question the validity of Government Resolution (GR) dtd. 04/12/2023 issued by respondent No.1 as unconstitutional being ultra-virus to Article 14 of the Constitution, void, and arbitrary, therefore, transfer of the Ashram School run by respondent No.5 the NGO namely the Semana Vidya Va Vanvikas Prashikshan Mandal, Gadchiroli to respondent No.6 ' Navjyot Shikshan Prasarak Mandal, Lavhala, Taluka Mehkar, District Buldhana, is claimed to be contrary to the GR dtd. 19/12/2016.

(3.) The petitioners in both these petitions were appointed by respondent No.5 authorities to officiate as teachers and other non-teaching posts of Class ' III and Class ' IV in the Shivani Adiwasi Secondary and Higher Secondary, Ashram School, Pavimuranda, District Gadchiroli (hereinafter referred to as 'Ashram School') which is government aided, run by respondent No.5 NGO, namely, Semana Vidya Va Vanvikas Prashikshan Mandal, Gadchiroli (for short, 'Respondent No.5 NGO'). The Ashram School receives 100% grant-in-aid from respondent No. 1. It was governed according to the terms and conditions, as well as under the guidance, financial aid, and statutory mandate of the State of Maharashtra through the Tribal Development Department. The respondent, No. 5 NGO, confirmed the petitioners' appointments as permanent to their respective posts. The respondents Nos. 1 to 4 duly approved their services. Respondent No.1 had issued various GRs from time to time to ensure the smooth running of management and governance of the Ashram Schools throughout the State of Maharashtra.