Bombay High Court
Adarsha Gramin Shikshan Mandal ... vs The State Of Maha. Through ... on 25 November, 2016
Bench: B.R. Gavai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ig NAGPUR BENCH : NAGPUR
Writ Petition No. 6883 of 2015
1. Adarsha Gramin Shikshan
Mandal,
Sawalhira,
Post Madwa, Tq. Korpana,
Distt. Chandrapur,
bearing Registration No. F-3590,
through its Secretary
Shri Harish Mahadeo Malekar,
aged 55 years,
occupation - Agriculturist,
resident of Sawalhira,
Post - Madwa, Tq. Korpana,
Distt. Chandrapur.
2. Shri Mahadeo Patil Malekar
Marathi Madhyamik Vidyalaya,
Yelapur, Tq. Jiwati,
Distt. Chandrapur,
through its Headmaster -
Sanjay Shivram Durge,
aged about - major,
resident of Bailampur, Tq. Rajura,
Distt. Chandrapur. ..... Petitioners.
Versus
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1. State of Maharashtra,
through the Secretary,
Department of Secondary &
Higher Secondary Education,
Mantralaya,
Mumbai-400 032.
2. President,
Maharashtra State Board of
Education,
Pune.
Secondary & Higher Secondary
3. Divisional President,
Maharashtra State Board of
Secondary & Higher Secondary
Education, Civil Lines,
Nagpur.
4. Divisional Secretary,
Maharashtra State Board of
Secondary & Higher Secondary
Education, Nagpur Divisional
Board, Civil Lines,
Nagpur.
5. Deputy Director of Education,
Secondary & Higher Secondary
Education, Nagpur Division,
Nagpur.
6. Education Officer, Secondary,
Ziilla Parishad, Chandrapur.
7. Block Education Officer,
Panchayat Samiti, Jiwati,
Tq. Rajura, Distt. Chandrapur.
8. Dr. Babasaheb Ambedkar
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Vidyalaya, Yelapur,
Tq. Jiwati, Distt. Chandrapur,
through its Headmaster. .... Respondents.
*****
Mr. H. N. Potbhare, Adv., for the petitioners.
Mr. M. K. Pathan, Asstt. Govt. Pleader for respondent nos. 1,5
and 6.
Mr. Rahul Khade, Adv., for respondent no.2.
Mr. R.S. Parsodkar, Adv., for respondent nos. 3 and 4.
*****
CORAM : B. R. GAVAI AND
V.M. DESHPANDE, JJ.
Date : 25th November, 2016
ORAL JUDGMENT [Per B. R. Gavai, J.]:
01. Rule. Rule is made returnable forthwith. Learned Asstt.
Govt. Pleader, Mr. M.K. Pathan, waives service for respondent nos.1, 5
and 6, learned Adv. Mr. Rahul Khade, for respondent no.2, and learned
Adv. Mr. R.S. Parsodkar, for respondent nos. 3 and 4. By consent of
parties, this Writ Petition is taken up for final hearing and disposed of
by this Judgment and Order.
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02. The petitioners have approached this Court being aggrieved
by the action on the part of respondent no.4, thereby seizing the Board
permission and the School Index No. 05.15.008.
03. The petitioners are running the school from VIIIth to Xth
Standards from 17th December, 2006 in pursuance of the permission
granted on 10th August, 2004. Since the students studying in Xth
Standard were to appear for the Board examination conducted by
respondent nos. 2 to 4, the petitioners applied for grant of permission
to the respondent nos. 2 to 4. Accordingly, the permission was
granted and the aforesaid School Index was issued to the petitioners.
However, it appears that subsequently, when the Inspection
Committee of the respondent nos. 2 to 4 inspected the school
premises of the petitioners, some irregularities were found and as such
vide order dated 15th September, 2015, the permission granted came
to be cancelled. Being aggrieved, the petitioners have approached this
Court.
04. This Court, vide its interim order dated 23rd December,
2015, directed the respondent nos. 2 to 4 to permit the students who
have studied in the school of the petitioners to appear for the
examination. Pursuant to the interim order, the students, who studied
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in the petitioners' school have already appeared for the examination.
However, their results are not being declared.
05. Shri R.S. Parsodkar, the learned counsel for respondent nos.
3 and 4, vehemently opposed the petition. He submits that it is on
account of the irregularities committed by the petitioners that the
students who studied in the petitioners' school were not permitted to
appear for the examination. He submits that, however, on account of
the mercy shown by this Court, the students have now been permitted
to take the examination.
06. We find that on account of the mistake committed by the
petitioners, the students who have studied in the petitioners' school
should not suffer. If the results of the students after having appeared
in the examination are not declared, an irreparable injury would be
caused to them. We, therefore, find that taking into consideration the
interests of the students, it is just and necessary to direct the
respondent nos. 2 to 4 to declare the results of the students. In so far
as inconvenience caused to respondent nos. 2 to 4 is concerned, the
same can always be compensated in monetary terms. Undisputedly,
the examination was held in March-April, 2016, whereas the order was
passed by this Court in the month of December, 2015. It is, thus, clear
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that it is not as if the respondent nos. 2 to 4 were required to make a
last minute arrangement for enabling the students to appear for the
examination. There was ample time of three months available. We,
therefore, find that an amount of Rs. 1,000-00 [rupees one thousand
only] per student would be a reasonable compensation payable to the
respondent nos. 2 to 4.
07.
In that view of the matter, we direct the respondent nos. 2
to 4 to declare the results of the students who have studied in the
school run by the petitioners on the petitioners depositing an amount
of Rs.1,000-00 [rupees one thousand only] per student, within a period
of two weeks from today.
08. Rule is made absolute in aforesaid terms.
Judge Judge
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