SANT DNYANESHWAR SHIKSHAN SANSTHA AND ANR. versus STATE OF MAHARASHTRA AND ORS.

Citation: [2019] 2 S.C.R. 905 · Decided: 05-03-2019 · Supreme Court of India · Bench: UDAY UMESH LALIT · Disposal: Dismissed

Judgment (excerpt)

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905
SANT DNYANESHWAR SHIKSHAN SANSTHA AND ANR.
v.
STATE OF MAHARASHTRA AND ORS.
(Civil Appeal No. 9384 of 2014)
MARCH 05, 2019
[UDAY UMESH LALIT AND DINESH MAHESHWARI, JJ.]
Education/Educational Institutions:
Primary Ashram School/ Ashram Shala – Derecognition of –
Employees thereof absorbed in other primary schools – Thereafter,
by Resolution dated 2.1.2012, State accepted the proposal of
handing over said Ashram School to another entity (appellant) –
As per the resolution, entire Ashram Shala was to be transferred to
a place at a distance of 400 kms. – Employees of the Ashram Shala
filed writ petition challenging the resolution dated 2.1.2012 – High
Court, in view of Government Resolution dated 1.8.2007 and relying
on judgment in *Jeevanjyoti case, allowed the petition – On appeal,
held: In terms of the Resolution dated 1.8.2007 an application for
transfer normally could be considered within a distance of 10 kms.
– High Court rightly set aside the resolution dated 2.1.2012 –
However, in view of the fact that closure of school of the appellant
will put the students of the school to great prejudice, the school is
permitted to continue till academic session 2019-2020 – State is
directed to invite proposals in terms of directions issued in
*Jeevanjyoti case to set up a new school or to conduct the very
same school which was closed down – Employees who are transferred
to the school of appellant shall always be treated to be in continuous
service.
Dismissing the appeals, the Court
HELD: 1. The permission to an Ashram Shala was taken as
if it was a business licence which could be utilized at any place.
In terms of Government Resolution dated 01.08.2007, the
applications for transfer would normally be considered within a
distance of 10 kms. In the present case, the distance itself is 400
kms. and for a Primary Ashram Shala it would not be proper to
[2019] 2 S.C.R. 905
905
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906                    SUPREME COURT REPORTS            [2019] 2 S.C.R.
expect the children enrolled in the Ashram Shala to be transferred
to a new place. Further, there was no school in existence at the
place where the transfer was effected and an entity that was based
in a completely different district was allowed to set up a new
Ashram Shala. The High Court was right in rejecting the
submissions advanced on behalf of the appellant as well as the
State Government. [Para 12][914-C-E]
2. However, considering the facts and circumstances that
the students presently enrolled in the Ashram school run by the
appellant would be put to great prejudice if the school is to be
closed as a result of dismissal of these appeals, it is directed that
said school may continue till the academic session 2019-2020.
However, the school of the appellant which is presently
functioning by virtue of Resolution dated 02.01.2012 shall not be
allowed to function from the academic session 2020-2021.
[Para 13][914-F-G]
3. The State authorities are directed to invite proposals
strictly in terms of the directions issued by the High Court in
*Jeevanjyoti case to set up a new school or conduct the very
same school which was closed down. Preference shall be given
to those who wish to re-start or set up a new Ashram School at a
location in conformity with Resolution dated 01.08.2007.
If no such proposal is received or is not found viable, then in
terms of the decision in *Jeevanjyoti case and for exceptional
reasons to be recorded, permission may be given to start a new
Ashram Shala at a location beyond the limits prescribed
under the Resolution dated 01.08.2007. In either case, there shall
be adequate publicity and steps will be undertaken in
conformity with the decision in *Jeevanjyoti case. [Para 13]
[914-H; 915-A, B]
4. The employees who are presently transferred to the
school of the appellant shall always be treated to be in continuous
service and the entire period from 02.01.2012, right upto the
date of this judgment, shall be taken to be part of continuous
service. [Para 13][915-C]
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907
5. All those employees, till the conclusion of academic
session 2019-2020 shall be part of the school presently being
run by the appellant. Contemporaneous with the closure of said
school the services of the employees shall be directed to be
absorbed in any school wherever there are vacancies, or to the
school which, as a result of the aforesaid direction would either
be re-started or newly set up. [Para 13][915-D]
6. The employees shall be entitled to s

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