President, Carmel Education ... vs Sunil Jairamsa Mahore And Others
2022 Latest Caselaw 6815 Bom

                                                                                                  56-WP722.19.odt
                                                            1/2



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

                           WRIT PETITION NO. 722 OF 2019
                      President, Carmel Education Society and others
                                          -Vs.-
                            Sunil Jairamsa Mahore and others
  ----------------------------------------------------------------------------------------------------------------------
Office notes, Office Memoranda of
Coram, appearances, Court's orders                                     Court's or Judge's Orders.
or directions and Registrar's orders.
  ----------------------------------------------------------------------------------------------------------------------
                                        Mr.M.P.Khajanchi, counsel for the petitioners.
                                        Mr. A.D.Mohagaonkar, counsel for respondent No.1.
                                        Mr. K.L.Dharmadhikari, AGP for respondent Nos.2 and 3.
                                        Mr. P.S.Chawhan, counsel for respondent No.4.



                                                CORAM : MANISH PITALE, J.

                                                DATE             : 18.07.2022


                                          The        State       through          the      Education           Officer

(Secondary) has filed an affidavit, placing on record certain documents on the basis of which, it is specifically submitted that the petitioners had sought permission to open the school and that the State Government exercised supervisory authority and power over the said school.

2. This petition raises arguable issues on the purport of the expression 'recognized' school as specified in sub-section (21) of section 2 of the Maharashtra Employees of Private School (Conditions of Service) Regulation Act, 1977 (for short 'Act of 1977'). It is also submitted on behalf of respondent No.1 that applicability of laws prior to coming into force of the Act of 1977 would also have to be examined because the

KHUNTE 56-WP722.19.odt

school in question came in to existence and was granted permission some time in June, 1981. The other aspect that arises for consideration is, if the Act of 1977 is not applicable as the school is found to be "not recognized" as contemplated in the Act of 1977, then will the provisions of the Act of 1977 apply as per the byelaws of the Central Board of Secondary Education.

3. The learned counsel for the rival parties are requested to place on record written notes along with the judgments and other documents on which reliance has been placed, so as to assist this Court in deciding the aforesaid issues and other issues that may arise in the present writ petition.

4. List this petition for final disposal on 11/08/2022.

JUDGE

Signed By:GHANSHYAM S KHUNTE

Signing Date:20.07.2022 10:49

KHUNTE