The court disposed of a PIL alleging grievances against Aashram School management after relying on a prior enquiry report, finding the petitioners' claims to be misconceived.
PIL disposed of without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
PUBLIC INTEREST LITIGATION NO.81 OF 2015 DAMODHAR S/O NATHUJI WADWE AND ANOTHER
..vs..
THE SECRETARY, TRIBAL DEVELOPMENT DEPARTMENT MANTRALAYA, MUMBAI AND OTHER
....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders
Court's or Judge's Order
Shri P.S. Khubalkar, counsel for the petitioners. Shri A.S. Fulzele, Addl.G.P. for R-1 to 5.
CORAM : B.P. DHARMADHIKARI & KUM. I.K. JAIN, JJ. DATED : JULY 12, 2016.
Heard learned counsel for the respective parties for some time.
Perused enquiry report. Enquiry report is dated 22.6.2012 and it reveals that oral examination of students, residing in Aashram School, was conducted on 15.4.2010. For that purpose, they were required to stay in Aashram School. No objection can be taken in this respect.
Other aspect looked into in the report is doubtful attendance of the students in the school during period from 5.2.1999 to 13.2.1999. Considering the passage of time of about 13 years, thereafter, it is apparent that nothing fruitful can come out.
Third grievance looked into is about
.....2/-
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signatures of one Lanjewar and Kapgate in attendance register of teachers. The enquiry officer has found that whether those are genuine or not needs to be verified through proper enquiry.
The petitioners claim to be the social workers and they have filed the present P.I.L. without joining any particular management of Aashram School as party respondent.
In the light of enquiry report, relied upon by them, we find the grievance being made in the present petition misconceived. The enquiry report is of June, 2012 and the P.I.L. has been filed in the year 2015. Hence, without observing anything more, we dispose of the P.I.L.. No costs.
JUDGE JUDGE
!! BRW !!
...../-
1 issue framed by the court
Whether the grievances regarding Aashram School management raised in the PIL warrant judicial intervention.
DAMODHAR S/O NATHUJI WADWE AND ANOTHER
THE SECRETARY, TRIBAL DEVELOPMENT DEPARTMENT MANTRALAYA, MUMBAI AND OTHER
B.P. DHARMADHIKARI
KUM. I.K. JAIN
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
