VIDHARBHA SIKSHAN VYAWASTHAPAK MAHASANGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by special leave has been preferred by the appellant, a Society registered under the Societies Registration Act, assailing the judgment of the Bombay High Court (Nagpur Bench) whereby the High Court dismissed the writ petition of the appellant challenging the order of the Government of Maharashtra dated May 31, 1985 refusing to grant permission to the member institutions of the appellant to hold the first year classes in Diploma in Education (D.Ed.) in the academic year 1985-86.

(2.) Considering that in course of time there would be acute need of trained primary teachers, the Government of Maharashtra invited applications from educational institutions for conducting D.Ed. course classes on "no grant basis" in the academic year 1984-85. A large number of applications were received by the Government from different institutions of the districts of the State. It appears that by an order dated September 9, 1984 of the Education and Employment Department of the Maharashtra Government, permission was granted to 47 institutions in Nagpur District and to 17 institutions in Bhandara District. These 47 institutions of the Nagpur District are members of the appellant-Society. The permission was granted on certain conditions and it was made clear that the order granting permission would be applicable only for the academic year 1984-85. The Director of Education, State of Maharashtra, by his letter dated May 21, 1985 instructed the institutions that they should be prepared to admit students for the academic year 1985-86 and also prepare a programme for facilitating admission. It is the case of the appellant that while the institutions had been going on with the preparation for admission of students for the next academic year, the members of the appellant-Society received an order from the Education Officer, Zilla Parishad, Nagpur, dated June 14, 1985, that the Government had not granted permission to 36 member institutions of the appellant-Society to hold first year classes for the year 1985-86 except that they would be entitled to hold the second year classes. In other words, as per the said order these 36 institutions have been directed not to admit students in the academic year 1985-86. This order was made by the Education Officer, Zilla Parishad, Nagpur, pursuant to the policy decision of the Government dated May 31, 1985.

(3.) Being aggrieved by the said order, the appellant moved the Bombay High Court (Nagpur Bench) under Art. 226 of the Constitution challenging the propriety and validity of the same. The High Court, as stated already, dismissed the writ petition and hence this appeal by special leave.