Partly allowed

Gramin Shikshan Sanstha Sawargaon Thot, Thr. Its Sec. v. the State of Mah and Ors.

Bombay HC6 Aug 2012WP/597/2012

Case brief

AI extract

What is this about?

The court allowed the challenge to a Director's order cancelling the transfer of classes but directed implementation from the next year. Classes are permitted temporarily at the new location for the pending academic year only, pending inter-se dispute resolution.

What did the court decide?

Classes permitted to run at Ahmedpur for academic year 2012-13 only; impugned orders implemented from 2013-14; petition dismissed otherwise.

Gramin Shikshan Sanstha Sawargaon Thot, Thr. Its… — Education and Admissions | Bombay HC (2012)

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-:(1):-

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WP597-12

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FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD.

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OfficeNotes,Office Court's or Judge's orders.
MemorandaofCoram,
appearance,Court's
orders or directions and
Registrar's orders.

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WRIT PETITION NO.: 597 OF 2012

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Gramin Shikshan Sanstha Sawargaon Thot

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Versus

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State of Maharashtra and others

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***

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Advocate for the Petitioner/s.: Mr. V. D.
Salunke, Advocate h/f Mr. P. G. Rodge.
A.G.P. for Respondent Nos. 1 to 4: Mr. V.
H. Dighe.

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Advocate for Respondent No.5: Mr. V. D.
Hon.

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Advocate for Respondent Nos.6 to 8: Mr.
N.P.Patil Jamalpurkar.

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***

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CORAM:NARESH H. PATIL &
S. B. DESHMUKH,JJ.
DATED: 6th AUGUST, 2012.

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PER COURT:

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1. Heard.

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2. The Petitioner challenges a

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communication made by the Director,
Secondary and Higher Secondary Education on
7th January, 2012 (Exhibit-F). By the said

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communication, the Director had cancelled

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the action of the petitioner in
transferring 5th to 7th standard classes
from village Sawargaon to Ahmedpur, on
account of the Petitioner's failing to
obtain N.O.C. from Education Committee of

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the Municipal Council. The petitioner
society runs school at Sawargaon and
Ahmedpur.

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3.Learned counsel for the Petitioner

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submits that in view of permission granted
by the Deputy Director of Education, Latur

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Region, Latur on 7th May, 2008 permitting
transfer of classes 5th to 7th standard

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from Sawargaon to Ahmedpur school run by
the same management, the petitioner society
has been conducting these classes at
Ahmedpur. Respondent Nos.6 to 8 had raised
challenge to the order of permitting
transfer of these classes. The counsel

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submitted that the impugned communication

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is without authority of law. The State
Government confirmed the order passed by

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the Director in canceling the transfer of
these classes. Learned counsel for the
petitioner submits that the order passed by
the Government is illegal and deserves to
be quashed and set aside. On instructions,
learned counsel submitted that there are
around 181 students taking education in 5th
to 7th standard classes run by the society
at Ahmedpur; 8 teachers are already
employed. Considering this fact, it would
not be in the interest of students to
uphold the impugned order passed by the
Director.

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4.Learned counsel Shri Patil, appearing
for Respondent Nos.6 to 8, submitted that
without making these respondents party to
the petition, ad-interim orders were
obtained by the petitioner on 19th January,
2012 in terms of prayer clause (B). The
Counsel submits that the petitioner claims
to be Secretary whereas the Respondent No.6
is President of the same society. Without
any authority muchless any resolution

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passed by the managing committee of the

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society, the petitioner Secretary on his
own volition transferred these classes and
started running at Ahmedpur. Due to non-
cooperative approach on the part of the
Secretary the President was unable to
conduct these classes. The school at
Sawargaon is hundred percent grand-in-aid
school. There was no reason for the

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Secretary or any other member to shift
these classes run on grand-in-aid basis and
attach it at difference place like Ahmedpur

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to the school run on no grant basis. These
grievances were considered by the Director
and higher officer to the Deputy Director
of Education and accordingly the permission
to transfer was cancelled. The State
Government had approved the order passed by
the Director. Learned counsel, on

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instructions, submits that admittedly the
petitioners have asked for permission from
the Municipal Authorities in the year 2002
for transferring the said school. The

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certificate issued by the Chief Officer of
the Municipal Council, Ahmedpur dated 14th

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February, 2012 (Page 39-K) would be
inoperative as the same was obtained after
the classes were transferred in the year
2008. There being violation of mandatory
provision of the Policy by obtaining post-
facto sanction the illegalities cannot be
cured now.

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5.Learned A.G.P. has placed reliance on
the affidavit in reply filed on behalf of
Respondent No.3. Learned A.G.P. Mr. Dighe
submitted that, after considering the
matter the authorities were of the opinion
that 5th to 7th standard classes were
transferredwithoutauthorityand,

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therefore, the permission was rightly
cancelled. In the light of the order
passed, the only option now remains is to
transfer these classes back to the original
place at Sawargaon. Learned A.G.P. submits

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that the Deputy Director had granted
permission whereas the Director has

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cancelled the same. Though the two
authoritieshaveexercisedtheir
jurisdictionintheirrespective
operational filed, there is no mutual
conflict in respect of the powers exercised
by these officers, according to learned
A.G.P.

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6.We have heard the submissions of
learned counsel for the parties and persued
the record placed before us.

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7.By an order dated 23rd July, 2012 we
had directed the Chief Executive Officer,
Zilla Parishad, Latur to take instructions
on five issues and produce a report
accordingly. The Education Officer,

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Primary, Zilla Parishad, Latur has placed
on record the report consequent to the said

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order passed by us. According to the
officer concerned, the Zilla Parishad is
running 1st to 7th standard classes at
Sawargaon Thot. There are 8 teachers
employed for classes 5th to 7th standard at
Ahmedpur by the Petitioner and around 181

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students are taking education.

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8.After considering the material placed
before us, we find that 5th to 8th standard
classes came to be transferred without
following mandatory provisions laid down
for the purpose of transfer of these
classes. These classes were run on grant-
in-aid basis at Sawargaon. The Municipal
Council authorities had granted permission
to transfer the classes in the year 2012.
In fact, both these schools at Sawargaon
and Ahmedpur are conducted by the same
society. We are not addressing any issue
in respect of internal disputes, if any,
between the Secretary and President of the
society concerned.

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9.It is not that the Respondent No.6 is
raising the grievance for the first time.
From the material placed on record, we have
noticed that Respondent No.6 has been
making efforts in approaching the
authorities in this regard. Sawargaon is a
village where need to impart education

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would be more acute than the Taluka place
at Ahmedpur where adequate educational
facilities are available. With certain
purpose the State Authorities had granted
permission to run 5th to 7th standard
classes at Sawargaon which view has been
endorsed by the Director and the State
Government in rejecting the action of the
petitioner in transferring these classes.

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We have noticed that the petitioner is
relying upon a communication made by
Education Officer, Primary, Zilla Parishad
dated 30th August, 2000 wherein the
concerned authority has given no objection
to transfer only 5th standard class to
school at Ahmedpur from the academic year
2000-01. In the strict sense, the said
N.O.C. would not come to the help of the
petitioner for transfer of 5th to 7th
standard classes.

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10.The fact remains that around 181

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students are still taking education in 5th
to 7th standard classes at Ahmedpur.

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Considering this fact, in the interest of
students, we are not inclined to disturb
their education for the academic year
2012-13. These classes, therefore, shall

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be permitted to run at Ahmedpur for the
academic year 2012-13.

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11.The impugned orders passed by the
Director and the State Government be
implemented from the academic year 2013-14.

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The challenge to the impugned orders fails.

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12.In the facts of the case, we direct

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the Authorities to intimate in writing the

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students/ parents of the students who are
taking education in 5th to 7th standard
classes run by the same society at Ahmedpur
indicating therein that these classes are
permitted to be run only for the present
academic year 2012-13. The admission of

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the students in these classes would be
provisional in nature. The Respondent
Authorities shall make adequate arrangement
to accommodate/ adjust these students in
the next academic year 2013-14 in another

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institution.

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13.The petition is dismissed with above
mentioned directions.

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[S.B.DESHMUKH, J.][NARESH H.PATIL J.]

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Dt.06/08/2012
ans/WP597-12

Gramin Shikshan Sanstha Sawargaon Thot, Thr. Its Sec. v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

Gramin Shikshan Sanstha Sawargaon Thot, Thr. Its Sec. 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

Issues for consideration

Parties & counsel

Coram

Case details

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