Bombay High Court
Rawalsingh S/O Ramji Rathod vs The Mah. State Mah. Thr. Its Sec. ... on 5 May, 2016
Bench: B.P. Dharmadhikari
wp3406.05 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH
WRIT PETITION NO. 3406 OF 2005
Rawalsingh s/o Ramji Rathod,
aged 53 years, r/o Bormali,
Tq. Barshitakli, District - Akola. ... PETITIONERS
Versus
1. State of Maharashtra
through its Secretary, Education
Department, Mantralaya,
Mumbai 400 032.
2. Punyashlok Ahilyabai Holkar
Sanstha, Bormali (Shelgaon)
through its Secretary,
Tq. and District - Akola. ... RESPONDENTS
Shri A.M. Ghare, Advocate for the petitioner.
Shri A.V. Palshikar, AGP for respondent Nos. 1, 3 & 4.
.....
CORAM : B.P. DHARMADHIKARI &
P.N. DESHMUKH, JJ.
MAY 05, 2016.
ORAL JUDGMENT : (PER B.P. DHARMADHIKARI, J.)
The matter is to be heard along with Writ Petition
No. 2915 of 2005. That writ petition is disposed of today as
infructuous by separate order.
2. The petitioner - a Social Worker, challenges shifting
of School of Respondent No. 5 in that petition from Village -
Bormali, on the ground that children at Village - Bormali are
affected. The said Respondent No. 2 is also Respondent No. 2
in this writ petition.
3. Shri Ghare, learned counsel points out that Gram
Panchayat had passed a resolution opposing transfer of School
from Bormali to Chandur. The number of students available
are also attempted to be brought on record by inviting attention
to Annexure 'E'. The judgment of Division Bench of this Court
in the case of Anil Panjabrao Nahate & Anr. vs. State of
Maharashtra & Ors., reported at 2010 (5) Bom. C.R. 569, is
relied upon by him.
4. A perusal of reported judgment of Division Bench of
this Court shows that there nearly 100 students were already
enrolled prior to shifting of School from Jalgaon to Akot. In
view of this fact and after protest of villagers, the Education
department had directed the School to continue at its original
place but the management did not comply with those orders. It
is in this background that the Division Bench has appreciated
the controversy. It found that number of students were slowly
increasing every year.
5. Here, though the petitioner claims to be a Social
Worker and Ex-Councillor of Zilla Parishad, Akola, except for
pointing out a chart showing number of students taking
education in different standards in the year 2004-05, in three
different Schools, no other data has been placed on record.
Annexure - 'E' at page 21 shows position of Zilla Parishad,
Primary School at Shelgaon. In total four standards i.e. from I
to IV, only 38 students were taking education in Shelgaon. At
Zilla Parishad, Upper Primary School, Bormali, in the year
2004-05, total 149 students were taking education and number
of students taking education in VII standard was only 20. In
similar School at village Nimbi, total 133 students were taking
education from I to VII standard.
6. Respondent No. 2 noted the students in VIII
standard. Existence of an alternate School at village Rajankhed
at a distance of 4 kms, is not in dispute.
7. In this situation, as the School of Respondent No. 2
is already transferred to Chandur, District - Akola, we are not
inclined to intervene in extra ordinary jurisdiction. The
petitioner has not pointed out the number of students from
Village - Bormali, who are required to commute at distant place
for prosecuting their further studies.
8. Accordingly, we dismiss the petition. Rule
discharged. No order as to costs.
JUDGE JUDGE
*GS.
