Dismissed

Ahmednagar Social Association through Its Chairman and Joint Secretary v. the State of Maharashtra and Others

Bombay HC23 Apr 2014WP/2371/2014

Case brief

AI extract

What is this about?

The High Court of Judicature at Aurangabad rejected a writ petition seeking to quash the State Government's order allowing an Urdu medium minority school to switch to Marathi medium. The Court noted declining student strength and the institution's prior unauthorised operation in Marathi, holding no interference was called for.

What the court decided

AI extract

Ahmednagar Social Association through Its Chairman… — Education and Admissions | Bombay HC (2014)

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{1}

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2371.14 wp.odt

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

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WRIT PETITION NO.2371 OF 2014

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 Ahmednagar Social Association
through Chairman and Joint Secretary

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Petitioner/s

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Versus

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The State of Maharashtra and others.

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Respondent/s

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Mr.Shaikh Mazhar A. Jahagirdar, advocate for the
petitioner.

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Mr. S.V. Kurundkar,GP for the Respondent No.1
Mr. S.T. Shelke, Advocate for respondent No.3.
Mr. V.D. Hon, Advocate for respondent No.4.

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CORAM : R.M. BORDE &
 A.M. BADAR, JJ.
 DATE : 23RD APRIL, 2014.

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PER COURT:

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1]Petitioner is praying for quashing and

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setting aside the order passed by the respondent No.1,

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dated 12.11.2012 and the order dated 18.12.2013,
passed by the respondent No.2, thereby, permitting the
institution to change the medium of instructions from
Urdu to Marathi.

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2]According to the petitioner, the institution

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{2} 2371.14 wp.odt

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is a minority institution and the whole object of
operating the school is to impart education to the
students in Urdu Medium and it would not be open for
the State Government to permit the school to change
the medium of instructions.

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3]It is not in dispute that there are factions
in the management and the petitioner as well as
another faction i.e. respondent No.4, claim control
over the management. While dealing with the petition,
it is not necessary to go into the inter-se dispute
between the management.

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4]An affidavit in reply has been presented on
behalf of the Education Officer, wherein, it has been
stated that the petitioner Trust was permitted to
operate school in Urdu Medium since 1991-92. The
strength of the students was reduced by every academic
year. In the academic year 2006-07, the strength of
the students was 93, whereas, in the year 2007-08, it
was reduced to 71. The strength of the students in the
academic year 2008-09 was 30, whereas, in the academic
year 2009-10, it was reduced to 26. During the
inspection taken on 11.08.2010, the number of students

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{3} 2371.14 wp.odt

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who were present was only 5, whereas, the school is
permitted to operate classes from 1st to 7th standard.
There was a proposal tendered by the school to permit
change of the medium of instructions.

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Since it was found that the strength of the
students is reducing, by every passing year, vide
order dated 12.12.2012, the Government of Maharashtra
granted permission to the school for change of medium
of instructions from Urdu to Marathi. Said order was
challenged by some aggrieved petitioenrs, by filing a
Writ Petition No. 1109 of 2013, which came to be
disposed of by order dated 15th October, 2013, thereby,
directing the Deputy Director of Education, to take
fresh decision in the matter, after extending an
opportunity of hearing to the parties. Accordingly,
the Deputy Director of Education, extended hearing to
the parties and had taken a decision on 18.12.2013,
thereby permitting the institution to conduct the
school in both the medium of instructions i.e. Urdu
and Marathi during the academic year 2013-14 and it
was directed that during the next academic year, the
school shall not impart education in Urdu Medium. So

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{4} 2371.14 wp.odt

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far as staff appointed to impart education in Urdu
Medium is concerned, it was directed to absorb them in
accordance with law, and by following the procedure
prescribed in that behalf.

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5]In view of the above, in our opinion, no
interference is called for. It was revealed that the
institution was unauthorizedly operating school in
Marathi Medium from the academic year 2008-2009 till
permission was granted by the State Government in
2013. It would be open for the Education Officer to
take appropriate action against the institution, for
conducting classes unauthorizedly, imparting training
in Marathi Medium from 2008-09 till 2013. Writ
petition does not deserve consideration and same
stands rejected.

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[A.M. BADAR][R.M. BORDE]
 JUDGEJUDGE.

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grt/-

Ahmednagar Social Association through Its Chairman and Joint Secretary v. the State of Maharashtra and Others

Case brief

What is this about?

What the court decided

Ahmednagar Social Association through Its Chairman and Joint Secretary v. the State of Maharashtra and Others

Case brief

What is this about?

What the court decided

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