Allowed

Savitribai Phule Mahila Shikshan Sanstha v. the State of Mah and Ors.

Bombay HC25 Jun 2009WP/3076/2009

Case brief

AI extract

What is this about?

A society challenged non-decision on an appeal against withdrawn school recognition. The High Court directed the Director of Education to decide the pending appeal within four weeks instead of granting the relief.

What did the court decide?

Directed the Director of Education to decide the pending appeal from the petitioner within four weeks from the date of the judgment.

Savitribai Phule Mahila Shikshan Sanstha Vs the… — Education and Admissions | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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 WRIT PETITION NO.3076/2009

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Savitribai Phule Mahila Shikshan Sanstha,
Hingoli, through its President.
 ...Petitioner..

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Versus

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1. The State of Maharashtra, through its Secretary, School Education Department, Mantralaya, Mumbai. 2. The Director of Education (Secondary and Higher Secondary), Maharashtra State, Pune. 3. The Deputy Director of Education, Aurangabad Division, Aurangabad. 4. The Education Officer (Secondary), Zilla Parishad, Hingoli.

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...Respondents...

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Shri S.R. Barlinge, Advocate for petitioner.

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Shri N.N. Jadhav, AGP for respondent nos.1 to 4.

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CORAM: P.V. HARDAS &
 R.K. DESHPANDE,JJ.

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 DATE: 25.06.2009

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ORAL JUDGMENT: (Per Hardas, J.):

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1]Rule. Rule made returnable forthwith. With the consent of learned
counsel for the parties, this petition is heard finally at the stage of
admission.

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2]By this petition under Article 226 of the Constitution of India, the
petitioner has prayed for issuance of a writ directing the respondent no.2 –
Director of Education (Secondary and Higher Secondary), Maharashtra State,
Pune, to decide the appeal filed by the petitioner challenging the
cancellation of withdrawal of recognition of th school.

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3]Such of the facts as are necessary for the decision of this petition may
briefly be stated, thus:

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The petitioner received the permission some time in 1991 for starting a
school from the academic year 1991-92. The petitioner – society started its
first division in the year 1991 and the school continued to function upto
1999. In 1999, an order came to be passed, by which the recognition of the
school came to be withdrawn. According to the petitioner, the procedure
prescribed by law was not followed. The petitioner being, thus, aggrieved by
the order withdrawing the recognition of the school, filed an appeal to the
Director of Education. According to the petitioner, the said appeal is
pending on the file of the Director of Education since 2002.

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4]This Court had issued notice to the respondents and the learned AGP had
sought time for obtaining necessary instructions. The learned AGP states that
for want of instructions, he is unable to state if the appeal filed by the

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petitioner has been decided.

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5]In the light of that, therefore, we are inclined to allow this petition
and direct the respondent – Director of Education to decide the appeal, if
pending, within four weeks from today and communicate the decision thereon to
the petitioner.

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Rule is, thus, made absolute on the above terms. No order as to costs.

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(R.K. Deshpande,J.) (P.V. Hardas, J.)

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ndk/c256091

Savitribai Phule Mahila Shikshan Sanstha v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

Savitribai Phule Mahila Shikshan Sanstha v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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