Shree Manohardas Baba Shikshan ... vs State Of Maharashtra And Ors.
2005 Latest Caselaw 244 Bom

JUDGMENT

Daga V.C., J.

1. Heard the learned Counsel for the petitioner.

2. The petitioners in this case are seeking directions against the respondents to make necessary arrangements to issue examination forms to the petitioner No. 3 school to enable its students, studying in 10th standard ; to appear in S.S.C. examination to be held in March/April, 2005 and with further directions to the respondent No. 4 to accept the examination forms with requisite examination fees but without late fees.

THE FACTUAL SCORE

3. The undisputed factual score reveal that the petitioners, inspite of no permission to start. 9th and 10th standard classes, chose to admit students to 9th and 10th standards during the academic years 2000-2001 and 2001-2002. Consequently, in order to save the academic career of the illegally admitted students, the Education Officer (Secondary), Zilla Parishad, Ahmednagar, was required to allow such students to appear in 10th standard examination through one Mahatma Phule School.

4. The petitioners repeated the very same scenario in the next academic year i.e. 2002-2003 by admitting students in 9th and 10th standard classes. Consequently, the examination forms of 10th standard students were returned to the petitioner No. 3 school by the respondent No. 4, the Education Board ; since the school had no permission and affiliation.

5. The parents of the students studying in petitioner No. 3 school had approached this Court in Writ Petition No. 650 of 2003 as public interest litigation. The said writ petition was summarily rejected by this Court on 3-3-2003. Consequently, the students studying in 10th standard of petitioner No. 3 school could not appear in the examination held in March, 2003.

6. This Court, while disposing of the above writ petition, had, specifically, observed as under :

"3. When this petition was called out we have heard, Shri Vasant Mahadu Gandole and Ramnath Changdeo Rapdhi, the parties in person, Miss Mahajan, learned Counsel appearing for the Education Board and Shri Vikhe, learned A.G.P appearing for the Education Officer, Zilla Parishad, Ahmednagar. Shri Vikhe has produced before us the correspondence which includes a report submitted by the Deputy Education Officer to the Education Officer, Ahmednagar, on 23-8-2001. From the said report it revealed that at village Saikhindi two schools in the same name i.e. Manoharbaba Shikshan Prasarak Mandal are running. The Deputy Education Officer has visited the school and found that the school of which Shri A.S. Vhothe is the Head Master is the recognised school and the another school of which Shri B.K. Jedgule is the Head Master is unauthorised."

7. In view of the aforesaid report of the Education Officer : accepted by the Court. Division Bench refused to grant permission to allow the students to appear in the examination on the ground of equity. With the result, unfortunate 50 students were required to loose valuable academic year. Inspite of the aforesaid judgment, the petitioners did not take any lesson and again went on to admit the students even in the next academic years 2003-2004 and 2004-2005. In the year 2003-2004, 13 students were admitted and ultimately those students were required to appear privately in S.S.C. examination held in the month of March, 2004.

8. During the academic year 2004-2005, the petitioner No. 3 admitted 30 students in 10th standard on 4-1-2004 the petitioner No. 2 made a representation to the Educational Officer (Secondary), Zilla Parishad, Ahmednagar, requesting him to make necessary arrangement to enable the students to appear in S.S.C. Examination in the academic year 2004-2005.

9. Since the said representation made by the petitioners did not find favour with the authorities, the present petition has been filed by the petitioners under Article 226 of the Constitution of India for the reliefs mentioned in the opening part of this order.

10. We have heard the rival parties. At this juncture, it will not be out of place to mention that the present petition is filed by the society which is running school unauthorisedly, of which Shri B.K. Jedgule was the Head Master. The said school was adjudged as unauthorised by the Division Bench of this Court vide order dated 3-3-2003. It was expected on the part of the petitioners to learn lesson and not to admit the students in 9th and 10th standards. At this juncture, it will not be out of place to mention that as per the reply at Exhibit R1 produced on record by respondent No. 3 with their counter affidavit, it reveals that an undertaking was given to the Zilla Parishad by the petitioners that they will close down the unauthorised classes run by them. This undertaking given by the petitioners to the Education Officer, Zilla Parishad, on 20-2-2004, has also not been complied with.

11. When this fact came to the knowledge of this Court, the petitioners were put on notice why; they should not be injuncted from running the school illegally. The petitioners came out with undertaking that they shall close down 5th to 7th standards with immediate effect and shall not run such classes till the school or society gets such permission from the Government.

12. The above factual matrix make it clear that the petitioners were and are running classes of 5th to 7th standards without there being permission in their favour and have played with the academic life of the students. The under taking given by the petitioners is taken on record.

13. At this juncture, it will not be out of place to mention that as a writ Court, this Court will be failing in its duty; if this Court does not take appropriate steps to stop running of illegal school having classes right from 5th to 10th standards, when it has come to the knowledge of this Court on the second occasion. The petitioners have not desisted from running illegal classes inspite of undertaking and adverse order suffered by them in earlier Writ Petition No. 650 of 2003. Needless to mention that most of the parents of the students must have taken admission in the school in question even without knowing that it is running classes unauthorisedly taking advantage of the similarity of the name and style under which authorised school is being run. Only at the fag end of the academic year they came to know the factual scenario that the school has no recognition. With the result, the parents are driven to the Court. Some times they get relief some times they do not. In order to arrest this tendency, with due notice to the petitioners ; during the course of hearing from time to time, we, in exercise of our writ jurisdiction, with mandatory order of injunction direct the petitioners to close down all classes from 5th to 10th standards with effect from the end of this current academic year. This order shall not be embarrass the school which is registered with the respondent No. 4 Education Board at Index No. 12676 for the year 1999 and Index No. 1211083 for the year 2001-2002 ; meaning thereby the school registered with the Board would continue to run its classes as authorised school.

14. This Court can take judicial notice of the fact of loss/which 30 students, who have taken admission in the unauthorised school of the petitioners; in the academic year 2004-2005, must have suffered. Since we have refused to grant any permission permitting those students to appear in S.S.C. examination, we feel that they are entitled to the amount of reasonable compensation from the petitioner-society which alone is responsible for the loss of their academic year. We, therefore, direct the petitioners to pay compensation of Rs. 15,000/- each student and to refund fees recovered from them. This refund alongwith compensation shall be paid within a period of eight weeks from today failing which the said amount shall carry further interest at the rate of 12% per annum from the date of this order till actual payment is made.

15. We make it clear that, it shall be duty of the Education Officer to see that this order is implemented and that the students are properly and promptly paid. Failure on the part of the Education Officer, respondent No. 3 herein ; may result in stick action against him; if any lapse on his part is brought to the notice of this Court by anybody. Needless to mention that it will be open to the parents of the students to approach this Court to seek implementation of the said order. In that event, it would be open to this Court to take appropriate measures to see that the order of this Court is implemented in accordance with law.

16. The Education Officer, respondent No. 3, is also directed to see that all the students of the petitioner No. 3 school are admitted in another authorised school from the next academic session.

17. With the above directions, the writ petition is dismissed in limine with costs quantified in the sum of Rs. 10,000/- payable to the respondents.