LAXMI VIDYA MANDAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is a Public Trust duly registered under the Bombay Public Trusts Act. The said trust is an Educational Trust and it has established and is administering one Educational Institution viz. Laxmi vidyalaya which has a Secondary school from 5th to 10th standard. The petitioner has filed this petition under Article 226 of the Constitution of India and is seeking appropriate writ, order and direction from this Court directing respondents to permit the petitioner to close the said school with effect from the academic year 1999-2000 and further direct respondents 1 to 4 to absorb respondents 5 to 17 in some other school which is receiving grant-in-aid. The petitioner is also seeking a direction" that respondents 1 to 4 may be directed to pay salary of respondents 5 to 17 from August, 1997 till they are absorbed in another school.

(2.) THE brief facts, which are necessary for the purpose of deciding the petition, are as follows: that the petitioner school was started in the year 1962 and from 1962 to 1986 the school was running smoothly. However, from the academic year 1986-87 there was a reduction in the strength of the students and by the academic year 1990-91 only one section of each standard remained in the school. It is an admitted position that the petitioner school was receiving grant-in-aid from its inception. It is submitted by the petitioner that the reduction in the strength of the students was principally because of the fact that the respondents 1 to 4 had granted permission to various institutions for starting secondary schools in the same area. That in 1962 when the petitioner had established the school, it was the only school in the area. However, as a result of indiscriminate grant of permissions granted by respondents 1 to 4, there were as many as 13 schools which were in existence by 1990. It is the contention of the petitioner that by the academic year 1997-98, the strength of the students in standard 5th and 7th was reduced to 7 and 19 respectively and, therefore, by letter dated 14-10-1997 the Education Officer respondent no. 4 directed the society that the standard 5th and 7th of the school would not be admissible for grant as the strength of the students had reduced to less than 20. Similarly, the penal fine of Rs. 2500/- was imposed so far as 8th standard was concerned.

(3.) IT is an admitted position that all the respondents 5 to 17 had become permanent employees and were entitled to get protection of their services as per the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Act and Rules framed therein.