Dismissed

Gulab Marotrao Mungshe v. Panchayat Samiti, Samudrapur through Its B.E.O and 3 Others

Bombay HC27 Aug 2015WP/134/2015

Case brief

AI extract

What is this about?

This petition challenged an order directing a fresh election for a parent representative on the School Management Committee. The two-judge bench held that disputes over parent-guardian elections in school committees are not suitable for adjudication via writ jurisdiction and dismissed the petition.

What did the court decide?

Petitioner's writ petition dismissed with no order as to costs.

Gulab Marotrao Mungshe Vs Panchayat Samiti, Samudrapur… — Service and Employment | Bombay HC (2015)

¶1

WP134-15

¶2

¶3

FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

¶4

WRIT PETITION NO. 134/2015

¶5

(GULAB MAROTRAO MUNGSHE VERSUS PANCHAYAT SAMITI, SAMUDRAPUR & OTHERS)

¶6

¶7

Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

¶8

Court's or Judge's orders

¶9

¶10

Shri N.D. Khamborkar, counsel for the petitioner. Shri P.V. Thakre, counsel for the respondents.

¶11

CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ. DATE : AUGUST 27, 2015.

¶12

By this petition, the petitioner challenges the order of the respondent no.2-Extension Officer, Panchayat Samiti, Samudrapur directing the holding of a fresh election for electing the representative of the parents on the School Management Committee.

¶13

The petitioner is a parent of a child studying in the Zilla Parishad School. According to the petitioner, as per Section 21 of the Right of Children to Free and Compulsory Education Act, 2009, a School Management Committee, comprising of the elected representatives of the local authorities and the parents or the guardians of the students admitted in the schools, is required to be formed. It is the case of the petitioner that the petitioner is a parent and he was elected as a Chairman in the election of the parents. It is stated that an anonymous complaint was made against the petitioner and it was stated in the anonymous complaint that the election was not properly conducted. It appears that after making an enquiry in the matter, the Extension Officer of the Panchayat Samiti directed that a fresh election be held for electing the parents' representative on the School Management Committee. The said order is impugned in the instant petition.

¶14

WP134-15

¶15

¶16

On hearing the learned counsel for the parties and on a perusal of the provisions of the Act of 2009, specially Section 21 thereof, it appears that the School Management Committee is constituted with an object of ensuring that the School is administered in proper manner. The School Management Committee is required to perform various functions mentioned in Section 21 of the Act. We do not find that the provision provides for electing a chairman from amongst the parents. Such a post is not found in the provisions of the Act of 2009. Also, it appears that the members on the committee would not hold any post or office as such and they would only assist in running and administering the school in a proper manner. The disputes in regard to the elections of the representatives of the Parents or the Guardians of children need not be brought for adjudication or resolution in a writ petition under Article 226 of the Constitution of India. If the Extension Officer is of the view that the election was not properly conducted, a fresh election could be conducted. The petitioner claims a right to remain on the post of representative of the parents-guardians. In any case, this cannot be an issue that can be decided in exercise of the writ jurisdiction.

¶17

In the result, the writ petition is dismissed with no order as to costs.

¶18

JUDGE JUDGE

¶19

APTE

Gulab Marotrao Mungshe v. Panchayat Samiti, Samudrapur through Its B.E.O and 3 Others

Case brief

What is this about?

What did the court decide?

Gulab Marotrao Mungshe v. Panchayat Samiti, Samudrapur through Its B.E.O and 3 Others

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

Similar cases

Urdu Education Association, Amravati Thr. Its President Asif Hussain Munaf Hussain Vs State of Maharashtra, through Secrtary, Education and Technical Education Dept. Mumbai and Another

Kishore Gangadhar Gajbe Vs Kuldeep Goyal, Chairman- Cum-Md and Anor.

Paryavaran Sarakshan Sanstha, Yavatmal through Its Secretary, Shri Niraj O. Waghmare Vs State of Maharashtra through Department of Revenue, Mumbai and 3 Others

(Late) Madhusudan S/O Pandharinath Nand, Since Dead through Lrs Smt. Madhuri Madhusudan Nand and or Vs State of Maharashtra Thr Secty and Ors.

Latabai Keshav Maundekar and 176 Others Vs State of Maharashtra, through Its Secretary, Home Ministry, Mumbai and 2 Others

Shriram Zinguji Bhalavi Vs State of Maharashtra through Its Secty. of Deptt. of Education, Mumbai and Others