PUSHPABAI KHOBAJI BARSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith. With the consent of the learned counsel for the contesting parties, heard finally.

(2.) Petitioner No. 1 is the Sarpanch of village Panchayat, Barasgaon, Taluka Ardhapur, District Nanded, petitioner No. 2 is the Head Master, petitioner Nos. 3 to 5 are the Assistant Teachers, petitioner No. 6 is the clerk, petitioner No. 7 is Laboratory Assistant and petitioner Nos. 8 and 9 are peons working in Satya Ganpati Secondary High School, Barasgaon. Petitioner Nos. 10 to 20 are the parents of the students studying in 8th, 9th and 10th standards of the said school. The petitioners have challenged the order dated 1st July, 2013, passed by the School Education and Sports Department, Mantralaya, Mumbai whereby the abovenamed school has been allowed to be transferred from village Barasgaon District Nanded to village Sarkali, Taluka and District Hingoli.

(3.) The learned counsel for the petitioners submits that there were sufficient number of students admitted in the above named school at village Barasgaon, which was being run by respondent No.5. There was no reason to transfer the said school from village Barasgaon to village Sarkali. The proposal to transfer the said school from village Barasgaon to village Sarkali was opposed by the petitioners as well as the School Committee of village Barasgaon. The Block Development Officer and the Education Officer (Secondary) also had expressed in clear terms that it was not in the interest of the students, their parents and the employees of the said school to transfer it from village Barasgaon to village Sarkali. A resolution was also passed by the Village Panchayat, Barasgaon, requesting the Authorities not to transfer the said school from village Barasgaon. Despite the resistance from all these corners, respondent No.1 - the Secretary, to the Government of Maharashtra, School Education and Sports Department passed the impugned order granting permission to transfer the said school from village Barasgaon to village Sarkali.