The Madhya Pradesh High Court recently directed the State Government to decide on the representation filed by Ganga Jamuna School (Damoh) in response to the Government's order suspending its recognition last month following the controversy sparked after posters of Hindu and Jain girls wearing hijabs (compulsory in Islam) were installed outside the campus building.
Brief Facts:
The case is related to The school, Ganga Jamna Higher Secondary School, which in the name of a private English medium School was found to impart religious education to the students. They provided compulsory Islamic education to students belonging to other faith than Islam. The compulsory language for the students at the school was Arabic and Urdu.
On June 2, 2023, the Madhya Pradesh Education Board suspended the registration of the Ganga Jamna School by issuing a circular (number–3129). As per the order, the registration of the school stands suspended till further orders.
A First Information Report was registered at the Damoh Kotwali on June 7 against the principal Afsa Shiekh daughter of Sahil Shrivastava and other officials for allegedly forcing the school students to wear a hijab, scolding them for wearing a tilak, and making Urdu a mandatory subject, etc.
Aggrieved by the same, the present petition under Article 226 of the Constitution of India was filed before the court to quash the order dated 02.06.2023.
Contentions of the appellant:
It was submitted by the counsel for the petitioner that because of the suspension of the recognition of the petitioner-school, the career of 1208 students has come under a cloud. Therefore, the matter is urgent in nature.
Moreover, he submitted that the school has already filed its reply to the suspension order, which is pending consideration before the authorities and accordingly, the authorities may be directed to consider and take further action in accordance with law.
Contentions of the Respondent:
In reply, it was submitted by Shri Veer Vikrant Singh, Deputy Advocate General that so far as 1208 students are concerned, they have already been accommodated in other schools as per their entitlement and if any instance is brought to the notice of the authorities, then the said student(s) will also be accommodated in other schools.
Moreover, the reply filed by the petitioner has been received by the authorities and it is under consideration and further action shall be taken as per law.
Observations of the Court:
The court taking note of the submission of the parties observed, "It is the case of the petitioner that its representation/reply against the suspension order is pending."
The court observed that the counsel for the State has also stated that the reply is pending before the authorities and the decision shall be taken in accordance with law within a period of 3 weeks from today.
Judgment:
In view of the submission made by the counsel for the petitioner, the petition was disposed of with a direction to the respondents no.1 to 4/competent authority to take a decision after considering the reply and to proceed in accordance with law.
Case Title: Ganga Jamuna Welfare Society vs The State of Madhya Pradesh
Coram: Justice Gurpal Singh Ahluwalia,
Case No.: Writ petition No. 13109 of 2023
Counsel for the petitioner: Advocate Uttam Maheshwari
Counsel for the respondents: Deputy Advocate General Veer Vikrant Singh
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