ADMINISTRATIVE OFFICER Vs. KAGAL TALUKA KALA KRIDA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is the Municipal School Board, Kagal, ( the Board , for short). Sant Rohidas Vidyamandir, the fourth respondent, is one of the schools run by the Board. The said school, which was running classes from first to fourth standards, started fifth standard classes (Standard V Division) from the session 2007-2008. The first respondent, which runs a secondary school (V Standard to X Standard) in the Zila Parishad area adjoining the municipal area, filed W.P. No. 8261/2007 seeking a direction to the State of Maharashtra, the appellant and the Deputy Director of Education, Kolhapur Region to close down the V Standard started in the fourth respondent school and a further direction not to grant any recognition or permission to the fourth respondent school to start Standard V Division. They also sought an interim direction restraining the fourth respondent school from running or continuing the V Standard classes. The first respondent contended that starting of the V Standard classes by the fourth respondent school was unauthorised and illegal.

(3.) In the said writ petition, the High Court, while issuing rule on 8.4.2008 issued an interim direction to the fourth respondent to close down the V Standard and transfer the students of V Standard to other schools as per the desire of the students and their guardians, and issue school leaving certificates to the students to enable them to get admissions in other authorised schools. The Deputy Director of Education and the petitioner were also directed by way of interim order to ensure that the V Standard classes opened by the fourth respondent was closed down and the students were transferred to other schools. The said interim order is challenged by the appellant Board which runs the fourth respondent school.