The High Court rejected a writ petition seeking mandatory directions to allow a school to run 9th and 10th standards for the 2015-16 academic year. The court held it could not direct the State, which had not included the school's location in its master plan, regardless of the grant basis.
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.
1 2-wp4699-15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.4699 OF 2015
Voluntary Prathamik Mahila
Mandal School, Gandhinagar,
Shahada, Dist. Nandurbar
Through its Secretary
Rajesh Ramesh Kulkarni
..Petitioner
versus
The State of Maharashtra
through Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai and ors...Respondents
Mr.Amit Savale, advocate for petitioner
Mr.V.S.Badakh, AGP for respondent nos.1 to 4
CORAM : S.S. SHINDE AND
SANGITRAO S. PATIL, JJ.
DATE : MARCH 31, 2016
PER COURT :
Heard learned counsel appearing for the
petitioner and learned AGP for the respondents –
State.
2 2-wp4699-15.odt
2]We have perused the pleadings in the petition,
grounds taken therein, annexures thereto and the
reply filed on behalf of the respondents - State.
3]By way of filing this petition, the petitioner
has prayed for direction to the respondents to
grant permission to the petitioner – school to run
9th and 10th standard classes from the academic year
commencing from year 2015-2016.
4]In the affidavit-in-reply filed on behalf of
the respondents, it is stated that the place where
the petitioner – school wants permission to run
9th and 10th standard classes from the academic year
2015-16, is not included in the master plan
prepared by the State Government. In case the
petitioner wants permission for said classes, the
petitioner can file a proposal taking recourse to
the provisions of the Maharashtra Self-Financed
Schools (Establishment and Regulation) Act, 2012.
3 2-wp4699-15.odt
5]Learned counsel appearing for the petitioner
submits that the State Government may be directed
to consider the proposal of the petitioner –
school to grant permission to open/run 9th and 10th
standard classes from the academic year 2015-2016
on non-grant basis and as and when, as per the
Government policy, the petitioner will be entitled
to receive grants, the State Government may
disburse the grants.
6]In this regard, as already observed, the State
Government has prepared a master plan keeping in
view the various factors including the financial
implications. Therefore, we are unable to persuade
ourselves to give any mandatory directions to the
respondents to grant permission in favour of the
petitioner – school to run 9th and 10th standard
classes from the academic year 2015-2016 either on
grant basis or on non-grant basis.
4 2-wp4699-15.odt
7]In that view of the matter, we do not find
merit in this petition. The Writ Petition stands
rejected.
8]However, we make it clear that in this
petition, we have considered the prayer of the
petitioner restricted to the pending proposal for
the academic year 2015-2016 and we have not
expressed any opinion beyond the said proposal and
academic years.
9]In case there is any change in the policy of
the State Government, rejection of this petition
should not be construed as an impediment to the
petitioner to apply for further academic years for
opening/running 9th and 10th standard classes.
[SANGITRAO S. PATIL, J.] [S.S. SHINDE, J.]
kbp
3 issues framed by the court
Whether the court can direct the State Government to grant permission to a school to run 9th and 10th standard classes for the academic year 2015-16 despite the school's location not being included in
Whether mandatory directions should be issued to the respondents to grant permission for non-grant or grant-based classes.
Whether the rejection of the petition creates an impediment for future applications if State policy changes.
Voluntary Prathamik Mahila Mandal School
The State of Maharashtra
S.S. SHINDE
SANGITRAO S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court