Dismissed

Adarsha Shikshan Prasarak Mandal, Osmanabad v. the State of Maharashtra and Others

Bombay HC5 Jan 2017WP/3470/2014

Case brief

AI extract

What is this about?

In a writ petition, the petitioner challenged the State Government for not implementing a staffing pattern for primary schools as per a 2013 Government Resolution, arguing it was mandatory under Article 21-A. The High Court held that Article 21-A does not impose a mandatory obligation to prepare such patterns and dismissed the petition.

What did the court decide?

Both cited reliefs praying for a direction to apply staffing patterns for primary schools were dismissed.

Adarsha Shikshan Prasarak Mandal, Osmanabad… — Pension and Retirement Benefits | Bombay HC (2017)

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WP 3470/14

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.3470 OF 2014

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Adarsha Shikshan Prasarak Mandal, Osmanabad,
Through its Administrative Officer-
Shri Udaysing S/o Vithalrao Raje. ...Petitioner.Petitioner..

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...Petitioner.Petitioner..

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Versus

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The State of Maharashtra & others.

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...Respondents...

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 .....

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Shri P.R. Katneshwarkar, Advocate for petitioner.
Shri S.B. Yawalkar, AGP for respondent Nos.1 to 3.
Shri K.J. Ghute Patil, Advocate for respondent No.4.

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 .....

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CORAM: V.M. KANADE &
 SANGITRAO S.PATIL,JJ.
DATE: 05.01.2017

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ORDER :

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1]By this petition, the petitioner is seeking
following reliefs:-

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"A]By issuing writ of mandamus or any other
writ, order or directions, this Hon'ble Court may
be pleased to direct the respondents that, they
should apply staffing pattern in respect of
Junior Clerk, Senior Clerk, Head Clerk, Peon and
Librarian in respect of the petitioner's school
i.e. Nutan Prathmik Vidya Mandir, Osmanabad, as
per Government Resolution dated 23.10.2013 and
allow the petitioner to appoint above staff with
immediate effect under the grant in aid;

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WP 3470/14

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A-1]By issuing the writ of mandamus or any
other writ in the like nature, this Hon'ble court
may kindly be pleased to direct the respondents
to grant the non-teaching staffing pattern to the
petitioner school, in view of the strength of
students in the school so as to implement the
provision of Art.21-A of the Constitution of
India and provisions of Right to Education Act."

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2]It is an admitted position that there is no
statutory rule or regulation, which requires the State to
prepare a staffing pattern for a primary school.

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3]On the contrary, his proposal for preparing staffing
pattern in respect of primary school, secondary school
was under consideration before the State Government and
after due consideration, a resolution has been passed on
23.10.2013. The Government, while taking a decision, has
omitted to give effect to the said resolution to primary
schools.

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4]Learned counsel appearing on behalf of the

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petitioner has submitted that the State Government is

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under a statutory obligation to give effect to the
provisions of Article 21-A of the Constitution of India.
It is submitted that in order to give a meaningful and

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WP 3470/14

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true effect to the said Constitutional mandate given
under Article 21-A, the State is duty bound to provide a
staffing pattern.

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5]Our attention is invited to Article 21-A and to the
Government resolution, which has been passed in respect
of the secondary schools.

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6]We have considered the contentions of the petitioner
and we have gone through the Government resolution of
2013. We have also perused Article 21-A of the

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Constitution of India.

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7]Article 21-A of the Constitution of India reads as

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under:-

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"21A. Right to education -

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The State shall provide free and compulsory
education to all children of the age of six to
fourteen years in such manner as the State may,
by law, determine."

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8]Perusal of the said Article imposes an obligation on
the State Government to provide education to all children
and it is now a fundamental right of children to get
education.

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9]In our considered view, the said Article cannot be

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WP 3470/14

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stretched to mean that the State Government also,
therefore, as a necessary corollary, should prepare a
staffing pattern for the primary schools.

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10]It is, therefore, not possible to accept the
submissions made by the learned counsel for the
petitioner and the relief claimed by the petitioner of
giving a direction to the State Government to prepare a
staffing pattern for primary schools cannot be granted by
us as it would tantamount to giving a direction to the

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State Government, which would be in the form of
legislation. It is always open for the State Government
to consider the manner in which the mandate under Article
21-A has to be implemented and for that purpose, the
State Government will have to prepare or frame necessary
rules or pass an Act or take executive decision. The
petitioner, therefore, may at the most approach the
Government and request the Government to prepare such a
scheme or may file a private Bill before the Assembly if
he is so advised. Reserving such a right, the petition
is disposed of. No costs.

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(SANGITRAO S.PATIL, J.) (V.M. KANADE, J.) ndk/ c511730.doc

Adarsha Shikshan Prasarak Mandal, Osmanabad v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Adarsha Shikshan Prasarak Mandal, Osmanabad v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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