SULABHA VIJAY PATHAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE W. P. No. 4248/96 has been filed by Sonamata Shikshan Prasarak Sanstha challenging the approval for running school by the respondent No. 5 Society by name Jai Maharashtra Shikshan Prasarak Sanstha in Cidco, Aurangabad, whereas the W. P. No. 4247/96 has been filed by parents of some students seeking directions against the authorities to grant approval to the school being run by Sonamata Shikshan Prasarak Sanstha, N - 9, Cidco area, Aurangabad. The respective parties in both the petitions were heard and in view of the counter claim made by each of the Society against each other by our order dt. 17-4-1997, Court Commissioner came to be appointed for visiting both the schools i. e. school run by Sonamata Shikashan Prasarak Sanstha as well as school run by Jai Maharashtra Shikashan Prasarak Sanstha. The Court Commissioner has visited both the school premises and submitted a detailed report to this Court on 20-4-1997. The report is self-speaking and to say the least we are shocked to learn the pathetic conditions under which the students are claimed to be given education in both the schools. The requirements and other infrastructure is below the expected standards for good school.

(2.) THE petitioner school in W. P. No. 4248/96 is admittedly an unauthorised school and though the authorities have granted approval to the school run by Jai Maharashtra Shikshan Prasarak Sanstha, the said school has failed to provide adequate infrastructure like building, teaching faculty and equipments, etc. The facilities available with the school run by the Jai Maharashtra Shikshan Prasarak Sanstha are totally inadequate and it is not in the interest of the students that the said school, having inadequate facilities at present, is allowed to continue.

(3.) IN the light of above, we hereby direct the respondent No. 2 and 3 to examine afresh the facilities available with the Sonamata Shikshan Prasarak Sanstha and Jai Maharashtra Shikshan Prasarak Sanstha, Cidco area Aurangabad, for running Secondary school and grant the permission only to one of them who is having better facilities and infrastructure for running a Secondary school. Resultantly, the present permission granted to Jai Maharashtra Shikshan Prasarak Sanstha to run Secondary school stands suspended in the meanwhile.