Disposed

Dattajirao Khanwilkar Eduation Trust, through Chairman Shri. Amar Madhukar Warde v. Education Officer (Primary), Raigad Zilla Parishad, Alibaug and Ors.

Bombay HC11 Sept 2012WP/5680/2012

Case brief

AI extract

What is this about?

The court directed the State Government officials to process pending applications for school standard approvals within specified timelines and ordered the forwarding of 10th-standard examination forms to the state board while pending approval for higher classes.

What did the court decide?

Petitioner permitted to resubmit application for Standards 5 to 7; Secretary directed to take final decision within two months; Examination forms to be forwarded to State Board for 35 students.

Dattajirao Khanwilkar Eduation Trust, through Chairman… — Service and Employment | Bombay HC (2012)

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VBC 1/2 wp5680.12-11.9

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE

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WRIT PETITION NO.5680 OF 2012

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Dattajirao Khanwilkar Education Trust. Vs. Education Officer (Primary), Raigad Zilla Parishad & Ors.

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...Petitioner.

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...Respondents.

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.... Mr.S.V.Pitre for the Petitioner. Mr.C.G.Gavnekar for Respondent No.1. Ms.S.S.Bhende, AGP for Respondent Nos.2 to 5.

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CORAM : DR.D.Y.CHANDRACHUD AND

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A.A. SAYED, JJ.

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September 11, 2012 .

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P.C. :

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The Petitioner commenced conducting the first standard in the Marathi and English media of instruction during Academic Year 2004-05. Approval was granted by the Education Officer (Primary), Raigad Zilla Parishad. During the pendency of these proceedings, by a communication dated 10 July 2012, the First Respondent has granted approval for the Second, Third and Fourth Standards as a natural growth of the original batch for 2005-06, 2006-07 and 2007-08 on an unaided basis. The grievance of the Petitioner is that though it has applied for approval for Standards 5 to 7 and for Standard 8 to 12, those applications have not been disposed of by the State Government. On the request of Counsel appearing on behalf of the Petitioner, we permit the Petitioner to resubmit the application for Standards 5 to 7 to the Education Officer (Secondary), Raigad (the Second Respondent). The Second Respondent shall forward the application to the Deputy Director of Education, the Third Respondent, who shall, in turn, place the application together with his comments before the Secretary in the School Education

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VBC 2/2 wp5680.12-11.9

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Department. We direct that the Secretary in the School Education Department shall take a final decision within a period of two months of the date of the receipt of the proposal from the Deputy Director of Education. If the Petitioner submits the proposal to the Education officer (Secondary) within two weeks from today, the Education officer shall forward it within a period of one week thereafter to the Deputy Director of Education, who in turn, shall submit it to the Secretary in the School Education Department within a period of two weeks thereafter.

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As regards the application for Standards 8 to 12, the Petitioner has already applied to the Secretary in the School Education Department, on 24 May 2010 (a copy of which is annexed at Exh.E to the Petition). We direct that the Secretary in the School Education department shall take a final decision on that application as well, within the period stipulated above. In the meantime, since the Petitioner has 35 students, who are due to appear for the 10^th Standard Examination in both Marathi and English media of instruction, the Education Officer (Secondary) shall take necessary steps to forward the examination forms to the Maharashtra State Board of Secondary and Higher Secondary Examination. It is needless to add that if the permission granted to the Petitioner is subject to the condition of deposit of the required amount in law, the Petitioner shall comply with such directions as may be issued. The Petition is accordingly disposed of. There shall be no order as to costs.

Dattajirao Khanwilkar Eduation Trust, through Chairman Shri. Amar Madhukar Warde v. Education Officer (Primary), Raigad Zilla Parishad, Alibaug and Ors.

Case brief

What is this about?

What did the court decide?

Dattajirao Khanwilkar Eduation Trust, through Chairman Shri. Amar Madhukar Warde v. Education Officer (Primary), Raigad Zilla Parishad, Alibaug and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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