LAWS(BOM)-2009-2-112

MANKAWATI SHIKSHAN SANSTHA Vs. STATE OF MAHARASHTRA

Decided On February 09, 2009
MANKAWATI SHIKSHAN SANSTHA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission.

(2.) The petitioner filed the present petition under Articles 226 and 14 of the Constitution of India challenging the order passed by the Secretary, State of Maharashtra dated 23-8-2004 by which respondent State of Maharashtra allowed respondent No. 4 to start primary school for 1st Standard for the academic year 2004-2005. It is the case of the petitioner that the petitioner is a Public Trust registered under Bombay Public Trust Act, 1950 and running Secondary School at village Chinchwan, Tq. Wadwani, District Beed. Initially the permission was granted to the petitioner to start Class Vth on 13-12-1962 and in course of time the recognition of the school was continued and it was granted permission to run Class from Vlth to IXth Standard by order dated 12-3-1966. The petitioner further submitted that by order dated 22-6-2004 State Government allowed certain Schools on permanent non grant basis and thereby respondent No. 4 Education Society was allowed to run 1st Standard Class for the academic year 2004-2005. It is the case of the petitioner that though respondent No. 4 Society was allowed to start 1st Standard, that too at the place named and recognized as Badevasti which is almost 2 kms., in the North from village Chinchwan, respondent No. 4 started Classes from Standard 1st to Vllth in the village Chinchwan and not at Badevasti. The petitioner submitted that by order 23-8-2004 respondent State Government granted permission to run Class Vlllth on permanent non grant basis to respondent No. 4 Education Society without following due process of law. The petitioner submitted that village Chinchwan was not included in Master Plan and as there is no scope for opening new school considering population of the village, respondent State granted permission to respondent No. 4 to start school without considering the need of the area. Because of granting of permission to respondent No. 4 to start new school in Chinchwan area, unhealthy competition started and because of that petitioner's school which is in existence since 1962 was adversely affected and therefore, the petitioner made complaint to the Education Officer i.e. respondent No. 3 stating that respondent No. 4 was running unauthorised Classes from Ilnd to Vllth Standard and Classes of IXth and Xth. Simultaneously, the petitioner also approached police authorities by its letter dated 9-9-2004 complaining about unauthorised Classes and as both the authorities failed and neglected to take any action against respondent No. 4, the petitioner was constrained to prefer present writ petition under Article 226 of the Constitution of India for seeking direction of any nature directing the State respondent authorities to take action against respondent Nos. 4 and 5 to close down illegal and unauthorised Classes being run at village Chinchwan. It is the case of the petitioner that considering population of village Chinchwan i.e. 2400 and strength of students if taken into consideration, only one High School can be sustained in the village. But without taking into consideration this fact State Government has allowed second High School of respondent No. 4 in the said locality. The petitioner further submitted that due to unauthorised running of the Classes in the village by respondent Nos. 4 and 5, the petitioner's school is at the verge of loosing one Division due to lack of strength which may ultimately result in reduction of staff and further unwarranted circumstances and unhealthy competition which is not expected by law and under Secondary School Code.

(3.) After present writ petition was preferred this Court, respondent No. 4 approached respondent State authorities for regularizing their Classes. As per their application and as per Government policy and Circular dated 21-7-2004, respondent State granted permission to respondent No. 4 to continue additional Classes by order dated 29-9-2005. In view of the subsequent developments in the matter, the petitioner preferred Civil Application for amendment of petition as well as prayer clause and same was allowed by this Court. By granting amendment, the petitioner also prayed to quash and set aside the order dated 29-9-2005 issued by respondent No. 2 Divisional Dy. Director of Education in favour of respondent No. 4. The present petition is filed by the petitioner challenging the permission granted by respondent Government to respondent No. 4 to start Classes from Standard VIIIth. It is the case of the petitioner that it is not proper on the part of Government to allow respondent No. 4 to start Classes from Standard Vlllth when there is no required strength of students in village Chinchwan, without taking any survey and perusing Master Plan in that regard and when village Chinchwan is not included in Master Plan.