Mehboobiya Education Society, ... vs The Education Officer (Pri), ...
2017 Latest Caselaw 4750 Bom

WP  3374/15                                              1                              Judgment

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                  NAGPUR BENCH, NAGPUR.
                       WRIT PETITION No. 3374/2015

Mehboobiya Education Society, Buldana No.F-7184, 
Through its President Sk.Yakoob Sk. Mehboob,
Aged Major, Occu. Business, R/o Sonar Galli,
Ward No.6, Buldana, Tq. & Dist. Buldana.                                          PETITIONER

                                      .....VERSUS.....

1.    The Education Officer (Pri.),
      Zilla Parishad, Buldana.                                                          RESPONDENT

                        Shri P.B. Patil, counsel for the petitioner.
                      Shri G.G. Mishra, counsel for the respondent.


                                        CORAM :SMT.VASANTI  A  NAIK AND
                                                          A.D. UPADHYE, JJ.                  

DATE : 19 TH JULY, 2017.

ORAL JUDGMENT (PER : SMT.VASANTI A NAIK, J.)

By this writ petition, the petitioner challenges the

communication of the Education Officer (Primary), Zilla Parishad,

Buldana directing the petitioner-Society to fulfill the conditions in the

norms as per the Right To Education Act or else the permission granted to

the petitioner-Society to run the school would be cancelled.

2. When this matter came up for hearing in this Court on

19.06.2015, we had stayed the effect and operation of the impugned

order of the Education Officer, dated 29.05.2015, with the result the

petitioner-Society continued to run the school. Some interim orders were

WP 3374/15 2 Judgment

passed by this Court from time to time and it was found that in the

circumstances of the case, the petitioner-Society could not have fulfilled

one of the norms as the matter pertaining to the land on which the school

was required to be started was pending in the competent Court. Despite

the order dated 29.05.2015, the petitioner-Society is running the school

in view of our interim orders. It is stated on behalf of the petitioner that

during the pendency of the petition, certain inspections were carried out

and no deficiencies were found. It is stated that the petitioner is not only

running the school by following the norms but the respondent-Zilla

Parishad has granted permission to the petitioner-Society to start IX and X

standard classes.

3. In the circumstances of the case, it would not be proper to

decide the writ petition on merits, as despite the passing of the

impugned order in the year 2015, in view of the interim stay granted by

this Court, the petitioner-Society continued to run and administer the

school. Certain inspections were also conducted during the pendency of

the writ petition. On the basis of the lacuna that may have existed in the

year 2015, the permission granted to the petitioner to run the school

cannot be cancelled. If the respondent-Zilla Parishad finds after

conducting fresh inspection that there is non-compliance of the norms,

the Zilla Parishad would be free to take appropriate action against the

petitioner-Society.

WP 3374/15 3 Judgment

4. Hence, with the aforesaid observations, we dispose of the writ

petition with no order as to costs. It is needless to mention that the

impugned order is not to be acted upon.

Rule is made absolute in the aforesaid terms with no order as

to costs.

              JUDGE                                             JUDGE
APTE