Administrative Action on Ashram Schools by Marathwada Banjara Seva Sangh Quashed High Court Sets Aside Appointment of Administrator and Derecognition of Ashram Schools Run by Marathwada Banjara Seva Sangh Administrative orders and derecognition of schools annulled for non-compliance with statutory procedures.

Case Note & Summary

Key Points:

Petitioners: The petitioners, office bearers of the Marathwada Banjara Seva Sangh, challenged orders appointing an administrator and revoking recognition of seven Ashram schools.

Challenged Orders: The disputed orders include those passed by the Desk Officer, Deputy Director, and Director of Other Backward Bahujan Welfare Department on various dates in 2023.

Main Legal Grounds:

Non-compliance with principles of natural justice. Lack of due process under the Maharashtra Educational Institutions (Management) Act, 1976, Secondary School Code, and the Right of Children to Free and Compulsory Education Act, 2009. The appointment of the administrator and revocation of recognition were arbitrary and predetermined.

Court Findings:

The statutory procedure for appointing an administrator under the Act of 1976 was not followed. The process for derecognition did not comply with the Secondary School Code and RTE Act, especially regarding giving notice and opportunities for rectification. The Desk Officer acted without jurisdiction and prematurely recommended derecognition.

Court’s Orders:

The appointment of the administrator and the derecognition of schools were quashed. The management of the schools was restored to the Sangh. The decision of the court renders subsequent actions based on the quashed orders void.

Observations: The court emphasized the importance of adhering to statutory procedures when taking drastic actions like appointing an administrator or revoking recognition of schools, noting the significant impact on students, staff, and the community.