A recent ruling was passed by the Bombay High Court pursuant to a plea filed by one Devram Mundhe and two other social workers, assailing an order of the State excise department granting a liquor license to Hotel Moonlight, a restaurant near a school run by the petitioners for tribal students. The owner of the Hotel Moonlight had applied to transfer his liquor license and the Pune collector rejected the prayer considering the objections of the petitioner on the ground that there is a likelihood of a law and order situation.
On appeal, the State Excise Commissioner granted the license noting that there had been no law and order situation and that the restaurant is beyond 75 meters of statutory distance from the school. Thereafter, the Principal Secretary of the Excise Department also upheld this order, the petitioners moved to High Court via writ petition.
Observation of the Court
The Court, however, noted that there was another restaurant called Anand Hotel, holding a similar liquor license and situated within 375 meters from the main entrance of the institute, and the school raised no objections with respect to the same. Also, it was noted by the commissioner that there had been no law and order situation. Considering the above facts, the bench found no merits in the present case and proceeded to reject the same.
Before concluding the same, Justice Kulkarni emphasized the obligation of the educational institutions to instill strong moral values in students, to prepare them for obstacles and rough paths in life, and to create the ideal citizens.
“It is onerous obligation for an educational institution to devote itself in building a robust society by imparting creative education at the school level which ought not to be overlooked. It is thus a sincere hope, that these words fall on the receptive ears of the institution and the institution creates a situation for itself, that it would feel proud for its students”.
Case Details
Before: Bombay High Court
Case Title: Devram Savelaram Mundhe v. the State of Maharashtra
Coram: Hon’ble Mr. Justice G.S. Kulkarni
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