Seth Ramnath Loiya High School ... vs The State Of Maharashtra & 3 Ors
2017 Latest Caselaw 4347 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
                                NAGPUR BENCH : NAGPUR.

                                           Writ Petition No.178 of 2002

              Seth Ramnath Loiya High School edu. Society, 
              Kamptee, through its President Shri Banwari Loiya
              Kamptee, Tahsil Kamptee, District Nagpur.                .... Petitioner.

                                                            -Versus-

              1]       The State of Maharashtra,
                       through its Secretary, 
                       Department of Education, Mantralaya, 
                       Madam Cama Road, Mumbai 400 032.

              2]       Director of Education, Central Building, Pune.

              3]       Deputy Director of Education, 
                       Nagpur Division, Nagpur.

              4]          Education Officer (Secondary), 
                          Zilla Parishad, Nagpur.                                   .... Respondents.
               -----------------------------------------------------------------------------------
               Shri  A.A. Naik, Counsel for petitioner.
               Mrs. Geeta Tiwari, Assistant Government Pleader for 
               respondent no.1.
               -----------------------------------------------------------------------------------
               Coram : R. K. Deshpande & 
                             Mrs. Swapna Joshi, JJ.

               Dated  : 11    July, 2017
                              th 
                                           

ORAL JUDGMENT (Per R. K. Deshpande, J.)

The challenge in this petition is to the Government Resolution

2 Judg. wp 178.02.odt

dated 25-05-2001 and the communication issued on 21-11-2001

pursuant thereto. By Government Resolution dated 25-05-2001, the

norms were prescribed for taking action against the schools having

poor results in the examinations. The communication dated

21-11-2001 imposes penalty of deducting 25% of grants for poor

results. The matter was admitted by this Court on 04-06-2003 and

the interim order was also passed in terms of prayer clause (B)

staying the effect and operation of the Government Resolution and

the communication both. The same is operating till this date.

2] In the return filed by respondent no.1, it is stated in

paragraph 6 as under :-

"6. It is further submitted that in view of the orders passed by this Hon'ble Court in Writ Petition No.4352/2001, the State Government has issued an order dated 7.2.2002 by which it is directed not to implement the directions issued vide Government Resolution dated 25.5.2001 till the further modified orders are issued and in view of the same said orders no effect is given to the Government Resolution dated 25.5.2001."

3] In view of the aforesaid decision taken by the State

Government, nothing survives in this petition. The petition,

therefore, stands disposed of.

                                                     3                                 Judg. wp 178.02.odt 

                        4]                  However, it is made clear that, if any action is taken on the 

basis of the said Government Resolution, it shall be open for the

petitioner to file a fresh petition.

                                                      JUDGE                                             JUDGE




                                 Deshmukh