Mahatma Gandhi Education ... vs The State Of Maha. Thr. Principal ...
2018 Latest Caselaw 771 Bom

W.P. No.5413/2017                              1

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH, NAGPUR

                           WRIT PETITION NO.5413 OF 2017

Petitioners              :   1] Mahatma Gandhi Education Society, 
                                Wadegaon, Tq. Balapur, Dist. Akola, 
                                Through its Secretary, 
                                Shri Syed Kamroddin Syed. Ismail, 
                                Aged about Major, 
                                R/o Patur, Tq. Patur, Dist. Akola.

                              2] Gulam Nabi Azad Primary School,
                                 Malegaon, Tq. Malegaon, Dist. Washim,
                                 Through its Head Master 
                                 Shri Sheikh Shoyeb Sk. Kadir, 
                                 Aged about 29 years, Occu. Service, 
                                 R/o Malegaon, Tq. Malegaon, Dist. Washim.
       . 

-- Versus --

Respondents : 1] The State of Maharashtra, Through its Principal Secretary, Department of School Education, Mantralaya, Mumbai : 32.

2] The Director of Education (Primary), Pune.

3] The Deputy Director of Education, Amravati Division, Amravati.

4] The Education Officer (Primary), Zilla Parishad, Washim.

Intervenors : 1] Sanjay Gandhi Shikshan Prasarak Mandal, Malegaon, Tq. Malegaon, Dist. Washim, Through its President, Haji Pyar Mohammed Noor Mohammed Malvi, Aged about 76 years, R/o Old Bus Stand, Malegaon, Tq. Malegaon, Dist. Washim.

2] Veer Hutatma Wasudeo Balwant Phadke Urdu High School, Through its Headmaster, Malegaon, Tq. Malegaon, Dist. Washim.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-= Shri A.I. Sheikh, Advocate for the Petitioners. Mrs. K.S. Joshi, A.G.P. for the Respondent Nos.1 to 3. Shri Amol Deshpande, Advocate for the Respondent No.4.

Shri A.M. Ghare, Advocate for the Intervenors. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

with

WRIT PETITION NO.6775 OF 2017

Petitioners : 1] Veer Hutatma Wasudeo Balwant Phadke Urdu High School, Through its Headmaster, Malagaon, Tq. Malagaon, Dist. Washim.

2] Sanjay Gandhi Shikshan Prasarak Mandal, Malegaon, Tq. Malagaon, Dist. Washim, Through its President Haji Pyar Mohammed Noor Mohammad Malvi, Aged about 76 years, R/o Old Bus Stand, Malagaon, Tq. Malagaon, Dist. Washim.

-- Versus --

Respondents : 1] The State of Maharashtra, Through its Principal Secretary, Ministry of Education and Sports (Primary), Mantralaya, Mumbai : 32.

2] The Director of Education (Primary), Pune, Maharashtra.

3] The Deputy Director of Education, Amravati Division, Amravati.

4] Gulam Nabi Azad Urdu Primary School,

Malagaon, Dist. Washim, Through its Head Master.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-= Shri A.M. Ghare, Advocate for the Petitioners. Mrs. K.S. Joshi, A.P.P. for the Respondent Nos.1 to 3. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

C ORAM : SMT. VASANTI A. NAIK & ARUN D. UPADHYE, JJ

DATE : 22 nd JANUARY, 2018.

ORAL JUDGMENT :- (Per Smt. Vasanti A. Naik, J.)

Since the issue involved in these writ petitions is identical and

the prayers made therein are interconnected, they are heard together and are

decided by this common judgment.

Writ Petition No.5413/2017 is filed by Mahatma Gandhi

Eduction Society, that runs a school in Gandhi Nagar, Malegaon. Mahatma

Gandhi Education Society in Writ Petition No.5413/2017 is aggrieved by the

order of the Deputy Director of Education, Amravati directing the Education

Officer (Primary), Zilla Parishad, Washim to cancel the recognition of the

school administered by it on the ground that it had applied for permission to

run the school in Ira Nagar or Indira Nagar but is running the school at

Gandhi Nagar. According to Mahatma Gandhi Education Society, it had

never applied for permission to run the school at Ira Nagar or Indira Nagar

and the assumption of the Deputy Director of Education in that regard is

incorrect.

It is stated on behalf of Mahatma Gandhi Education Society that

during the pendency of this writ petition, the State Government has clarified

that Mahatma Gandhi Education Society had not applied for permission to

start a school at Ira Nagar or Indira Nagar as there was no Ira Nagar or Indira

Nagar in Malegaon at the relevant time and the order passed by the

Education Officer, dated 03/08/2017 of withdrawal of permission would not

survive. It is stated that the grievance of the petitioners would stand redressed

as the order of the Education Officer (Primary), Zilla Parishad, Washim of

cancelling the permission would not survive in view of the order of the State

Government.

Veer Hutatma Wasudeo Balwant Phadke Urdu High School, the

petitioner in Writ Petition No.6775/2017 has challenged the order of the

State Government, dated 20/09/2017 permitting substitution of the words

"Gandhi Nagar" in stead of Ira Nagar or Indira Nagar in the order granting

permission to Mahatma Gandhi Education Society to start the school. It is

stated that since Mahatma Gandhi Education Society had applied for

permission to start the school in Ira Nagar or Indira Nagar, the State

Government would not be entitled to make the correction. It is stated that

Mahatma Gandhi Education Society should not be permitted to run the school

in Gandhi Nagar. It is stated that Veer Hutatma Wasudeo Balwant Phadke

Urdu High School had filed Writ Petition No.1790/2016 against the grant of

permission to Mahatma Gandhi Education Society to start a school in Gandhi

Nagar and the said writ petition is admitted, though the interim relief is

refused.

In the circumstances of the case, we are not inclined to entertain

the writ petition filed by Veer Hutatma Wasudeo Balwant Phadke Urdu High

School. We find that Veer Hutatma Wasudeo Balwant Phadke Urdu High

School runs a middle school in Gandhi Nagar, whereas Mahatma Gandhi

Education Society is running a school, which has classes from 1 st to 4th

standard. Veer Hutatma Wasudeo Balwant Phadke Urdu High School has no

locus standi to file the writ petition against the order of the State Government

permitting the correction in the order granting permission to Mahatma

Gandhi Education Society to run a school. The school run by Veer Hutatma

Wasudeo Balwant Phadke Urdu High School has classes from 5 th to 10th

standard, whereas the classes run by Mahatma Gandhi Education Society are

up to 4th standard. In any case, whether Ira Nagar or Indira Nagar was in

existence when Mahatma Gandhi Education Society had applied for

permission to open a school and whether the State Government would have

the authority to permit substitution of the words "Gandhi Nagar" in stead of

"Ira Nagar" or "Indira Nagar" should be of no concern to Veer Hutatma

Wasudeo Balwant Phadke Urdu High School. The writ petition filed by the

Veer Hutatma Wasudeo Balwant Phadke Urdu High School is pending and

whether Mahatma Gandhi Education Society could run a school in Gandhi

Nagar could be decided in that petition, when the same is heard. Since the

grievance of Mahatma Gandhi Education Society stands redressed in view of

the order of the State Government, that has the effect of withdrawal of the

order of the Education Officer (Primary) cancelling the permission, the writ

petitions are liable to be disposed of as the grievance of Veer Hutatma

Wasudeo Balwant Phadke Urdu High School in respect of the school run by

Mahatma Gandhi Education Society in Gandhi Nagar could be looked into in

the pending writ petition bearing Writ Petition No.1790/2016.

In the result, we dispose of both the writ petitions with no order

as to costs.

                         JUDGE                                         JUDGE 
*sdw