Alleged inflation of school enrolment to obtain inadmissible grants prompted demands for action and challenges to show cause notices. The court declined interference before notices were decided, required consideration of explanations and records, and disposed of the PILs, contempt petition, writ petitions and civil applications.
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 ) pil18.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Brijmohan Dhirajprasad Mishra
VERSUS
The State Of Mah And Ors
Mr. Deshmukh Sachin S. , Advocate for Petitioner
Mr. A. B. Girase, G.P. for Respondent/State in all matters.
WITH
CIVIL APPLICATION NO.:6445 OF 2012
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Chandoba@chandrakant Gangaram Bhalerao
VERSUS
Brijmohan Dhirajprasad Mishra And Ors
Mr. Shendage Manushri S And A S Rasal , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10247 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Jai Maharashtra Shikshan Prasarak Sanstha Through Secretary And
Another
VERSUS
Brijmohan Dhirajprasad Mishra And Others
( 2 ) pil18.12
Mr. Sapkal V.D. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10249 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Mahila Vikas Mandal Aurangabad Through President And Others
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Sapkal V.D. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10248 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Janta Shikshan Prasarak Mandal Buldhan Through President And
Another
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Sapkal V.D. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10250 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Chatrapati Shivaji Secondary And Higher Secondary Vidyalaya Through
Head Master A
VERSUS
The State Of Maharashtra And Others
( 3 ) pil18.12
Mr. Kolhare S.r. And Kochar Pundlik S. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10251 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Saraswati Primary School Ravankola And Others
VERSUS
The State Of Maharashtra And Others
Mr. Kolhare S.r. And Kochar Pundlik S. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10246 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Hindustani Education Society Through Secretary And Another VERSUS
Brijmohan Dhirajprasad Mishra
Mr. Irpatgire A.N. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10402 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Tukaram Naik Primary Vidyalaya Udgir Through Head Master And
Others
VERSUS
The State Of Maharashtra And Others
( 4 ) pil18.12
Mr. Kolhare S.R. And Kochar Pundlik S. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10405 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Hindustani Education Society Through Secretary And Another
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Irpatgire A.N. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10407 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Amrutbaba Vikas Sanstha Andora Through Incharge Head Mistress
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Irpatgire A.N. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10409 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
The Statmodern Shikshan Parasarak Mandal Latur Through Secretary
And Others
VERSUS
Brijmohan Dhirajprasad Mishra And Others
( 5 ) pil18.12
Mr. Irpatgire A.N. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10403 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
National Educatin Society Latur Thorugh Secretary And another
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Irpatgire A.N. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10404 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Vijay Subhash Gunjal And Others
VERSUS
The State Of Maharashtra And Others
Mr. Irale Patil D.R. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10399 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
The Maharashtra Rajya Manya Khajgi Prathmik Shikshak Va Shikshketr
Karmachari Mah
VERSUS
Brijmohan Dhirajprasad Mishra And Others
( 6 ) pil18.12
Mr. Ghatol Patil Shahaji B. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10398 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
M G Marathi Sindhi Hindi Vidhyalay Jalna Through Headmaster And Others
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Thombre Chandrakant V. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10400 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Ujjwala Madhavrao Kothalikar
VERSUS
The State Of Maharashtra And Others
Mr. Katneshwarkar P.R. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10401 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Akhil Bharatiya Urdu Shikshak Sangh Through State President
VERSUS The State Of Maharashtra And Others
( 7 ) pil18.12
Mr. Gapat Pramod B , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10410 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Narasham Prathmik Shala Through Headmaster And Another
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Kolhare S.R. And Kochar Pundlik S. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10408 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Kai Tatyasaheb R F Patil Shikshan Mandal Deogaon Through President
And Another
VERSUS
The State Of Maharashtra And Others
Mr. Phatale Sagar S , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10406 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Pachora Taluka Co Operative Education Society PachoraThrough
Chairman And Another
VERSUS
( 8 ) pil18.12
The State Of Maharashtra And Others
Mr. Phatale Sagar S , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10395 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Lok Jagruti Shikshan Sanstha Walandi Through Headmaster Govind Pandharinath Mane
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Irpatgire A.N. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10394 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Fala E Millat Bahuuddeshiya Shikshan Prasarak Mandal Nilanga Through President An
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Irpatgire A.n. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10397 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Gram Vikas Bahuudddeshiya Seva Bhavi Sanstha Sindkhedthrough
( 9 ) pil18.12
Secretary And Another
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Irpatgire A.N. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10396 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Jagdamba Mahila Sevabhavi Sanstha Latur Through Secretary And
Another
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Irpatgire A.N. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10905 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Vinayak Manoharrao Padmawar
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Kolhare S.R. And Kochar Pundlik S. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10900 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
( 10 ) pil18.12
Jivandeep Model School Kalutanda Through Headmaster And Others VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Kolhare S.R. And Kochar Pundlik S. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10899 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Laxmibai Primary School Udgir Through Head Master And others
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Rodge Pratap G., Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10903 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Shri Shivaji Mofat Education Society Kandhar Through Secretary And
Another
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Panpatte V.S. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10897 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
( 11 ) pil18.12
Guru Kanhayya Prathmik Vidya Mandir Through Headmistress And
Others
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Pawar Ajay D. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10896 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Bauddha Tatwdnyan Kendra Dhule Through President And Another VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Pawar Ajay D. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10894 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Rajeshwari Primary School Udgir Through Headmaster
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Rodge Pratap G. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10895 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
( 12 ) pil18.12
Shubhasneha Shikshan Sanstha Aurangabad Through President Anita Sudhakar Pagare A
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Thombre S.S. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10893 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Laxman Shikshan Prasarak Mandal Latur Through President And
Another
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Irpatgire A.N. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10892 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Janpath Shikshan Prasarak Mandal Latur Through Secretary And
Another
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Irpatgire A.N. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10888 OF 2018
( 13 ) pil18.12
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Rani Laxmibai Shikshan Sanstha Yeshwant Nagar Through Secretary
And Another
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Panpatte V.S. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10891 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Masoom Educational And Welfare Society Parbhani Through Secretary
And Others
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Munde Sambhaji G. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10889 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Tanzimi Centers Ismalpura Through President And Others
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Syed Masood Chand , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10890 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Akhil Bhartiya Urdu Shikshan Sanghthana Through State President
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Syed Masood Chand , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:11014 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Sant Gadgebaba Primary School Meharun Through Headmaster Sunil
Dayaram Patil
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Ghatol Patil Shahaji B. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:11013 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Ratna Jain Primary School Pratapnagar Through Headmaster Uttam
Hiraman Chaudhari
VERSUS
Brijmohan Dhirajprasad Mishra And Others
( 15 ) pil18.12
Mr. Ghatol Patil Shahaji B. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:11448 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Roshan Urdu Primary School Babhalgaon Through Headmaster Mohsinali Murtuzali Sayy
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Irpatgire A.N. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:11446 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Smt Vatsalabai Naik Balvikas Mandal Through Presidentnaresh Bahusing Naik
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Kolhare S.R. And Kochar Pundlik S. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:11447 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
The Christian And Missionary Alliance Church Of India Through
( 16 ) pil18.12
Managing Director A
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Kolhare S.R. And Kochar Pundlik S. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:11449 OF 2018
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Maharashtra Bahujan Mahila Vikas Sanstha Through Secretary Nita
Devidas Dongre
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Kolhare S.R. And Kochar Pundlik S. , Advocates for Petitioner WITH
PUBLIC INTEREST LITIGATION NO.:31 OF 2012
Jaikumar Mukundrao Jadhav
VERSUS
The State Of Maharashtra And Anr
Mr. Talekar S.B. And U.R. Awate , Advocates for Petitioner
WITH
CONTEMPT PETITION NO.:186 OF 2014
IN
PUBLIC INTEREST LITIGATION NO.:18 OF 2012
Brijmohan Dhirajprasad Mishra
( 17 ) pil18.12
VERSUS
Mahaveer Damodhar Mane, Pune
Mr. Deshmukh Sachin S. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10389 OF 2018
IN
CONT. PETITION NO.:186 OF 2014
Amrutbaba Vikas Sanstha And Ora Through Incharge Head Mistress
VERSUS
Brijmohan Dhirajprasad Mish Ra And Others
Mr. Irpatgire A.N. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10388 OF 2018
IN
CONT. PETITION NO.:186 OF 2014
National Educatin Society Latur Thorough Secretary And another VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Irpatgire A.N. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10387 OF 2018
IN
CONT. PETITION NO.:186 OF 2014
( 18 ) pil18.12
Modern Shikshan Prasarak Mandal Latur Through Secretary And
Another
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Irpatgire A.N. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10386 OF 2018
IN
CONT. PETITION NO.:186 OF 2014
Rashida Begum Urdu High School Harsool Through Head Master VERSUS
The State Of Maharashtra And Others
Mr. Thombre Chandrakant V. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10390 OF 2018
IN
CONT. PETITION NO.:186 OF 2014
Lok Jagruti Shikshan Sanstha Walandi Through Head Master Govind
Pandharinath Mane
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Irpatgire A.N. In C.P. , Advocate for Petitioner WITH
( 19 ) pil18.12
CIVIL APPLICATION NO.:10391 OF 2018
IN
CONT. PETITION NO.:186 OF 2014
Fala E Millat Bahuuddeshiya Shikshan Prasarak Mandal Nilanga
Through President
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Irpatgire A.N. In C.P. , Advocate for Petitioner
WITH
CIVIL APPLICATION NO.:10392 OF 2018
IN
CONT. PETITION NO.:186 OF 2014
Jgadamba Mahila Sevabhavi Sanstha Latur Through Secretary And
Another
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Irpatgire A.N. In C.P. , Advocate for Petitioner WITH
CIVIL APPLICATION NO.:10393 OF 2018
IN
CONT. PETITION NO.:186 OF 2014
Gram Vikas Bahuuddeshiya Seva Bhavi Sansta Sindkhed Through
Secretary And Another
VERSUS
Brijmohan Dhirajprasad Mishra And Others
Mr. Irpatgire A.N. In C.P. , Advocate for Petitioner
WITH
WRIT PETITION NO.:9115 OF 2018
Gramin Bal Vikas Shikshan Sanstha Bhusani Through Secretary
Dnyaneshwar Tukaram M
VERSUS
The State Of Maharashtra And Others
Mr. Patil Dnyaneshwar J , Advocate for Petitioner
WITH
WRIT PETITION NO.:9116 OF 2018
N G Nathani Sindhi Hindi Vidhyalay Jalna Through President And
Others
VERSUS
The State Of Maharashtra And Others
Mr. Thombre Chandrakant V. And Jagtap Sumedha T. , Advocates for
Petitioner
WITH
WRIT PETITION NO.:9154 OF 2018
Veerbhadreshwar Shikshan Sanstha Parali Through President And
Another
VERSUS
The State Of Maharashtra And Others
Mr. Thombre Chandrakant V. And Jagtap Sumedha T. , Advocates for
Petitioner
WITH
WRIT PETITION NO.:9168 OF 2018
Shri Ganesh Yuvak Sanstha Beed Through Secretary Mahendra
Purushottam Mekhe And Anr
VERSUS
The State Of Maharashtra And Others
Mr. Sapkal V.D. , Advocate for Petitioner WITH
WRIT PETITION NO.:9169 OF 2018
Kranti Junior Adhyapak D. Ed. Mahavidyalay Through Secretary Sonia
Dinesh Bagade
VERSUS
The State Of Maharashtra And Others
Mr. Sapkal V.D. , Advocate for Petitioner
WITH
WRIT PETITION NO.:9170 OF 2018
Bhartiya Bahuudeshiya Shikshan Prasarak Mandal Udgir Through Secretary Kashinath
VERSUS
The State Of Maharashtra And Others
Mr. Patil Dnyaneshwar J. , Advocate for Petitioner
WITH
WRIT PETITION NO.:9171 OF 2018
Mahila Vikas Mandal Aurangabad Through President Mathyu Vijay Shrisaunder And Others
( 22 ) pil18.12
VERSUS
The State Of Maharashtra And Others
Mr. Sapkal V.D. , Advocate for Petitioner WITH
WRIT PETITION NO.:9172 OF 2018
Pachora Taluka Sahakari Shikshan Sanstha Through Chairman And
Another
VERSUS
The State Of Maharashtra And Others
Mr. Phatale Sagar S. , Advocate for Petitioner
WITH
WRIT PETITION NO.:9173 OF 2018
Jai Maharashtra Shikshan Prasarak Sanstha Through Secretary
Jaiprakash Vishwanath
VERSUS
The State Of Maharashtra And Others
Mr. Sapkal V.D. , Advocate for Petitioner
WITH
WRIT PETITION NO.:9174 OF 2018
Tatyasaheb R F Patil Shikshan Mandal Deogaon Through President And
Another
VERSUS
The State Of Maharashtra And Others
Mr. Deshmukh Mahesh S. , Advocate for Petitioner
WITH
WRIT PETITION NO.:9175 OF 2018
Muslim Education And Welfare Association Beed Through President Sk
Samir Ahmed
VERSUS
The State Of Maharashtra And Others
Mr. Thombre Chandrakant V. And Jagtap Sumedha T. , Advocates for Petitioner
WITH
WRIT PETITION NO.:9297 OF 2018
Haji Salahuddin Ahmed Education And Social Welfare Society Through
Secretary
VERSUS
The State Of Maharashtra And Others
Mr. Thombre Chandrakant V. , Advocate for Petitioner
WITH
WRIT PETITION NO.:9418 OF 2018
Janta Shikshan Prasarak Mandal Buldhan Through President And
Others
VERSUS
The State Of Maharashtra And Others
Mr. Sapkal V.D. , Advocate for Petitioner
( 24 ) pil18.12
WITH
WRIT PETITION NO.:9181 OF 2018
Ujjawala Madhavrao Kothalikar VERSUS
The State Of Maharashtra And Others
Mr. Katneshwarkar P. R., Advocate for Petitioner
CORAM : S.V. GANGAPURWALA AND S. M. GAVHANE, JJ. DATED : 25th September, 2018
PER COURT:
. The Public Interest Litigation Nos. 18/2012 and 31/2012 seek direction against the authorities to initiate action on the basis of the defaulting institutions based on the report of Special Pat Padtalni 2011. According to the petitioners, the report of the Pat Padtalni has been received in the year 2011. Large scale malpractices have been noticed. However, the authorities have shown lethargy in taking any action against the defaulting institutions. The defaulting institutions have garnered huge amounts of the public funds in the nature of grants, so also, appointed excess teachers and received salary and non salary grants. The authorities are not initiating any action against the said
erring institutions.
adopted for conducting the Special Pat Padtalni was erroneous. According to them the respondents can not initiate criminal action on the basis of the Pat Padtalni report of the year 2011 as the same has been set aside by this court in its judgment dated 24.10.2013 in Writ Petition No. 4168 of 2012. The learned counsel further submits that, the First Information Report has been lodged under the order of dictation. The higher officers have directed the Education Officer to lodge the criminal cases and submit the report against all these institutions. The issuance of notices itself is bad in law. The notices on the basis of the Pat Padtalni which has been set aside by this court in Writ Petition No. 4168 of 2012 can not be the basis for issuing notices and filing criminal cases. No independent mind has been applied. The communications are by the higher officers and the State to the Education Department to lodge the criminal cases. It is clear that the petitioners say would not be considered by the respondents.
Litigation thereby refusing any relief to the writ petitioners and State has made a statement that the action would be taken against the erring institutions. On the basis of the same, notices have been issued to the erring institutions, though in the Pat Padtalni report 1652 erring institutions are mentioned. The notices have been issued to only 780 schools after verifying the record.
public funds in the shape of grants by showing excess number of students, then such institutions have to be dealt with all rigours under law.
undertaken by the State. As has been referred to above, the State government does have powers to appoint officers for the purposes of superintendence and inspection, however, there has to be an authorization in respect of powers and duties in favour of such officers, as may be prescribed. In the instant matter, it does not appear that the special drive conducted by the Revenue officials has been under the orders, as contemplated by Section 48 of the Bombay Primary Education Act, 1947. It would be open for the State Government to cause inspection of the schools through the officers appointed in that behalf excluding officers of the Education Department, however, in terms of sub-section (2) of Section 48, the State shall prescribe powers and duties of such officers. The provisions of Section 48 contemplate an order prescribing powers and duties of the officers appointed for conducting inspection of the schools. In the instant matter, the procedure, as prescribed under Section 48, does not appear to have been followed.
( 31 ) pil18.12
prosecution against such management and the employees concerned. It is further observed that the management and the employees can not be prosecuted and charged with commission of an offence merely because during special drive attendance of the students is found to be less than 50%. The management as well as employees of the school if are suspected to be guilty of fabricating of record or indulging in any unlawful activities and are responsible for creating false record to demonstrate inflated strength of students in school with a view to extract inadmissible financial gain, can be prosecuted by taking recourse to the provisions of the Indian Penal Code.
independent writ petitions and the intervenors. The explanation is sought from these institutions. The respondent authorities are duty bound to consider the explanation given by the petitioners and also the orders passed in the present Public Interest Litigations from time to time or also the judgment of the Division Bench of this court in Writ Petition No. 4168 of 2012 dated 24.10.2013. All these aspects will have to be considered by the State Government while deciding the show cause notices and arrive at a conscious conclusion of the institutions garnering inadmissible financial benefits or otherwise.
( 34 ) pil18.12
show cause notices will consider the explanation given by the petitioners, the records and the orders passed by this court in Public Interest Litigations and also Writ Petition No. 4168 of 2012 dated 24.10.2013, and then take a conscious decision upon it.
[ S. M. GAVHANE, J. ]
[ S. V. GANGAPURWALA, J. ]
ass/pil18.12
2 issues framed by the court
Should the court interfere before authorities decide schools' show cause notices concerning inflated student strength and inadmissible grants?
Do superior authorities' communications require criminal cases against every institution or only institutions found to have erred?
Colour shows how this judgement treated each authority
Writ Petition No. 4168 of 2012Relied on¶568
Brijmohan Dhirajprasad Mishra
The State Of Mah
Jaikumar Mukundrao Jadhav
Mahaveer Damodhar Mane
S.V. GANGAPURWALA
S. M. GAVHANE
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
