Partly allowed

Secondary and Higher Secondary Ashram School through Its Secretary Rehan Shafi Ahemad Kazi v. the State of Maharashtra and Others

Bombay HC8 Feb 2016WP/837/2016

Case brief

AI extract

What is this about?

The High Court at Aurangabad considered a plea to sanction a new examination center. Granting the request for the current year would have been futile due to pre-existing deadline compliances. The petition was partly allowed; the center at Dhavalpuri refused for 2016 but directed to be considered for 2016-17 if conditions are met. An alternate location was granted immediately.

What did the court decide?

Petition partly allowed. Permission granted to conduct SSC exams at Bhalavani. Dhavalpuri center refused for 2016 but directed authorities to consider it for 2016-17 subject to compliance.

Secondary and Higher Secondary Ashram School through… — Education and Admissions | Bombay HC (2016)

WP NO.837/2016

agp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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948 WRIT PETITION NO. 837 OF 2016

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SECONDARY AND HIGHER SECONDARY ASHRAM SCHOOL THROUGH ITS SECRETARY REHAN SHAFI AHEMAD KAZI VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Advocate for Petitioners : Mr. Gatne Atul B. AGP for Respondent State: Mr. S.D.Kaldate Smt.Surekha Mahajan, Adv., for R/2 & 3.

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...

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CORAM: S.S.SHINDE
AND
 P.R.BORA, JJ.

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DATE : 8th February, 2016
***

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PER COURT:

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1.HeardlearnedCounselforthe
petitioner, learned A.G.P. appearing for
respondent no.1, and learned Counsel appearing
for respondent no.3.

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2.This Court issued notices to the

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respondents on 21st of January, 2016.
Thereafter, the matter was listed for further
hearing on 4th February, 2016, when the prayer
was made by the Counsel for the petitioner
seeking amendment in the petition. The prayer
was granted. Accordingly, amendment is carried
out, in pursuance to the notices issued to the
respondents, respondent nos. 2 and 3 have now
filed affidavit in reply. It is not necessary

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agp

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2 WP NO.837/2016

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for us to go into the minute details of the facts
stated by both the parties; suffice it to say
that, to sanction / grant the Examination center
for conducting the examination of SSC i.e. Xth
Class, the following requirements / compliance by
the concerned institution, who is asking for new
examination center are necessary:

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dk-i-156 ek/;fed 'kkykUr izek.ki= ¼b;Rrk 10 oh ½ o mPp ek/;fed ¼2011&12½ izek.ki= ijh{kk ¼b;Rrk 12 oh½ ijh{kk dsanzkP;k fud"kkckcr¼ijh{kk &8 ½

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lnj fo"k;kP;k vuq"kaxkus milferh xfBr dj.;kr vkyh gksrhlferhus lknj dsysY;k fud"kkaP;k vuq"kaxkus ijh{kk lferhus [kkyhy f'kQkjl ekU; dj.;kr ;koh vls Bjys-

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¼1 ½ uohu ijh{kk dsanz m?kM.ks ¼v½ fo|kFkhZ la[;k b;Rrk 10 oh b;Rrk 12 oh 'kgjh Hkkx 350 500 xzkeh.k Hkkx 250 350 vfrnqxZe HkkxklkBh 150 200 ¼ uSlfxZd vMFkGs @ izdYi {ks= @ u{kyxzLr {ks= b-½ ¼ c ½ fu;ksftr dsanzkiklwu b;Rrk 10 oh b;Rrk 12 oh 'kkGsps varj 'kgjh Hkkx vV ukgh vV ukgh xzkeh.k Hkkx 5 fd-eh15 fd-eh¼ Vhi&lokZr toGps dsanz fuoMkos- dks.krhgh 'kkGk @dsanz vksykaMwu nql&;k dsanzkoj tk.kkj ukgh-

WP NO.837/2016

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¼d½ HkkSfrd lqfo/kk ¼1½ bekjr@ oxZ [kksY;k&ijh{ksl izfo"V gks.kk&;k fo|kFkhZ la[;sP;k izek.kkr oxZ[kksY;k iqjs'kk vlkO;kr¼2½ MsLd @csap &izR;sd ijh{kkF;kZl ,d csap ;kizek.ks vlkos ¼3½ fo|qrtksM.kh&izR;sd oxZ[kksyhe/;s ykbZV] fo|qr tksM.kh vlkoh- fdeku 2 V;qc o ia[ks vlkosr¼4½ tujsVj lqfo/kk&'kkGsps @dfu"B egkfo|ky;kps ijh{kk dkyko/khr lqfLFkrhr tujsVj ;a= vlkos- loZ [kksY;kae/;s fnos] ia[ks pkyw jkgrhy brD;k {kersps vlkos¼5½ laj{kd fHkar & dsanz 'kkGsHkksorh pkjgh cktwus iDd;k fHkarhps 6 QwV maphps daikmaM vlkos¼6½ LoNrkxgs @izlk/kuxgs&eqykeqyhalkBh Lora= iDdh o fo|kFkhZ la[;suqlkj dk;eLo:ih ik.kh o pkyw fLFkrhr vlkoh¼ 7½ fi.;kps ik.kh &LoPN fi.;kP;k eqcyd ik.;kph O;oLFkk vlkoh¼ 8½ oS|dh; lqfo/kk& dsanz'kkGsr izkFkfed izFkeksipkj isVh vlkoh- fdeku 1 fd-ehvrajkoj [kktxh@ljdkjh oS|dh; lqfo/kk

4 WP NO.837/2016

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miyC/k vlkoh-

¼ 9½ vU; lqfo/kk& iksLV vkWQhl] rkj vkWfQl dsanzkP;k toG vlkos- cl O;oLFkk] iksfyl LVs'ku fdeku 1 fd-eh- varjkoj vlkosrlsp ijh{kk fu;a=d xksiuh; lkfgR;

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Bso.;klkBh iqjs'kh lks; vkf.k lqjf{krrk vlkoh-

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¼ M ½ ijh{kk dsanzkoj lekfo"V 'kkGkaph la[;k fdeku 2 'kkGk @dfu"B egkfo|ky; ;k ,dkp laLFksP;k ulkO;kr-

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¼ b ½ uO;kus ladsrkad izkIr 'kkGk @dfu"B egkfo|ky;kauk fdeku ,d o"kkZi;Zar ijh{kk dsanz ns.;kr ;sm u;s-

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¼ Q½ tqU;k ijh{kk dsanzkojhy fo|kFkhZ la[;soj foijhr ifj.kke gksm u;s- layXu gks.kk&;k 'kkGk @ dfu"B egkfo|ky;s uohu dsaznzkr lekfo"V gksr vlY;kckcr ewG dsanzkps vfHkizk; ?ks.;kr ;kos-

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¼ 1 ½ Nkihy vtkZpk uequk foHkkxh; eaMGkdMwu iqjo.;kr ;kok¼vtkZph fdaer :- 500@& brdh jkghy-½

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¼ 2 ½ ijh{kk dsanz lq: dj.kk&;k 'kkGsus @ dfu"B egkfo|ky;kus dsanz ekx.kh izLrko xV f'k{k.kkf/kdkjh o f'k{k.kkf/kdkjh ¼ ek/;fed ½ ;kaP;k f'kQkj'khlg @ vfHkizk;klg ifjiw.kZ

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5 WP NO.837/2016

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agp

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izLrko R;k R;k 'kS{kf.kd o"khZ fnukad 31 vkWxLV Ik;Zar

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ikBokosr-

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¼ 3 ½ dsanz izLrkoklkscr Nkuuh 'kqYd :-500@& pk /kukns'k tksM.ks vko';d vkgs-

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¼ 4 ½ fnukad 1 lIVsacj rs 15 lIVsacj ;k dkyko/khrhy mf'kjk ;s.kk&;k izLrkokalkBh izfrfnuh :-100@& izek.ks naM vkdkj.;kr ;kok-

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¼ 5 ½ uohu ijh{kk dsanz Nkuuh @ikg.kh lferhoj [kkyhy lnL; jkgrhy-

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¼ 1 ½ foHkkxh; eaMG vf/kdkjh ¼ 2 ½ f'k{k.kkf/kdkjh @mif'k{k.kkf/kdkjh ¼ ek/;fed½ ¼ 3 ½ xVf'k{k.kkf/kdkjh

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¼ 6 ½ fnukad 31 vkWxLVi;Zr vkysY;k dsanz izLrkokackcr lIVsacj efgU;kr rikl.kh d:u l{ke lferhP;k vgokyklg lknj dj.ks- ijh{kk dsanz vafre eatqjhpk fu.kZ; fnukad 15 vkWDVkscji;Zar ?;kok-

¶45

¼ 7 ½ dsanz eatqjhckcrpk fu.kZ; foHkkxh; v/;{k ;kapk jkghy- ek= loZ dsanzkaps izLrko ekU;rslkBh jkT; eaMGkdMs lknj djkosr-

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¼ 8 ½ iz'kkldh;n`"V;k dsanz ns.;kpk vf/kdkj eaMGkl jkghy-

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¼ 9 ½ 'kD;rks midsanz nsm u;s-

WP NO.837/2016

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3.TheexaminationCommittee,on
19.12.2015, visited the school of the petitioner
and noticed the deficiencies and so also noticed
non compliance of clause Nos. 3, 4 and 5 of the
afore mentioned conditions for granting the new
examination center. Apart from the non compliance
of three things, which are stated in those
clauses, according to the Counsel appearing for
respondent nos. 2 and 3, since respondent nos. 2
and 3 were obliged to take final decision about
granting new examination center before 15th
October, 2015, any further compliance by the
petitioner institution about afore mentioned
three clauses would have been an exercise in
futility inasmuch as for the current academic
year.

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During the course of hearing, the learned
Counsel appearing for respondent nos. 2 and 3
fairly stated that the report submitted by the
Block Education Officer and the Committee had
only pointed out the afore mentioned deficiencies
at clause nos. 3, 4 and 5, which are quoted
hereinbelow:

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¼3½ fo|qrtksM.kh&izR;sd oxZ[kksyhe/;s ykbZV]

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fo|qr tksM.kh vlkoh- fdeku 2 V;qc o ia[ks vlkosr-

WP NO.837/2016

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¼4½ tujsVj lqfo/kk&'kkGsps @dfu"B

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egkfo|ky;kps ijh{kk dkyko/khr lqfLFkrhr tujsVj ;a= vlkos- loZ [kksY;kae/;s fnos] ia[ks pkyw jkgrhy brD;k {kersps vlkos-

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¼5½ laj{kd fHkar & dsanz 'kkGsHkksorh pkjgh cktwus iDd;k fHkarhps 6 QwV maphps daikmaM vlkos-

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In addition to that, Counsel for the
respondent nos. 2 and 3 further submitted that,
in case the request of the petitioner, to allow
new examination center at Dhavalpuri, is
favourably considered, that will have an adverse
effect on the strength of the students appearing
at the earlier examination center.

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4.According to the learned Counsel

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appearing for the petitioner, there exists
compound wall and to that effect, learned Counsel
appearing for the petitioner invited our
attention to the photographs, which are placed on
record at page No.60 of the compilation of the
Writ Petition and also the fact that subsequent
to the visit of the Committee and the Block
Education Officer, ceiling fans have been fixed
and other compliance also made and, therefore,
there is no reason to deny the examination
center at Dhavalpuri Secondary and Higher
Secondary Ashram Shala.

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agp

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8 WP NO.837/2016

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5.Upon considering the material placed on
record, and in particular report of the concerned
officer, and the Committee, in our considered
view, for the current academic year, the prayer
of the petitioner to give new examination center
at Dhavalpuri, cannot be granted for the simple
reason that such decision was to be taken by the
authorities before 15th October, 2015, and the
compliances ought to have been done prior to the
said date.

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6. However, learned Counsel appearing for
respondent nos. 2 and 3, on instructions of the
officer, who is present in the Court hall, makes
a statement that alternate prayer of the
petitioner to conduct the examination of the
students studying in S.S.C. in the petitioner
school at Dhavalpuri, at Primary School building,
Bhalavani, can be favourably considered.

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7.In that view of the matter, for the year
2016, we decline to give any direction to
respondent nos. 2 and 3 to grant new examination
center to the petitioner institution at
Dhavalpuri. However, we make it clear that if
compliance of afore mentioned conditions
stipulated in clauses Nos. 3, 4 and 5, is made
by the petitioner prior to 15th October, 2016, we
do not see any reason to refuse the new
examination center at Dhavalpuri, for the next

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9 WP NO.837/2016

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academic year i.e. 2016-2017, of course subject
to compliance of the required strength of the
students.

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8.Therefore, in the light of the

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discussion made hereinabove, respondent nos. 2
and 3 are directed to consider the prayer of the
petitioner for new Examination Center at
Dhavalpuri for conducting the examinations for
the next academic year without raising any
further objections de hors the conditions which
are reproduced hereinabove.

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9.Asalreadyobserved,since,on
instructions, respondent nos. 2 and 3 have shown
willingness to conduct the examination of the
students only from the petitioners school
studying in Xth Standard in the Primary school
building at Bhalavani, we direct respondent nos.
2 and 3 to make the necessary arrangements that
of issuance of Hall Tickets, etc. within ten
days from today, and communicate the decision to
the petitioner institution.

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10.The petition is partly allowed to above
extent; same stands disposed of in above terms.

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Parties to act upon the authenticated copy of
this order.

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agp/837-16wp

Secondary and Higher Secondary Ashram School through Its Secretary Rehan Shafi Ahemad Kazi v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Secondary and Higher Secondary Ashram School through Its Secretary Rehan Shafi Ahemad Kazi v. the State of Maharashtra and 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

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