Case Note & Summary
The petitioners, parents of students studying in Standards VIII and IX at a secondary school run by respondent no.4 (Yashoda Bahu Uddeshiya Shikshan Prasarak Mandal) at village Jalgaon Nahate, Tahsil Akot, District Akola, challenged the communication/order dated 13/10/2008 issued by respondent no.2 (Deputy Director of Education, Amravati Division) which confirmed the decision to shift the school from Jalgaon Nahate to Akot. The school was initially granted permission in 2001 to start at Jalgaon Nahate, as the village was included in the Master Plan. However, later the management proposed shifting the school to Akot, and the government approved the same. The parents contended that the shifting would cause hardship to students, especially those from nearby villages, and that the decision was arbitrary. The court, after hearing the parties, held that the decision to shift a school is a policy matter and the government has the discretion to relocate a school in public interest. The parents have no vested right to insist that the school remain at a particular location. The court also noted that the management had not challenged the shifting order, and the parents, not being parties to the grant-in-aid agreement, lacked locus standi. The petition was dismissed.
Headnote
A) Education Law - School Shifting - Government Policy - The parents of students challenged the shifting of a secondary school from village Jalgaon Nahate to Akot town. The court held that the decision to shift a school is a policy matter and the government has the discretion to relocate a school in public interest. Parents have no vested right to insist that the school remain at a particular location. (Paras 2-5)
B) Education Law - Maharashtra Secondary Schools Code, 1964 - Grant-in-Aid - The school was initially granted permission to start at Jalgaon Nahate, but later the government approved its shifting to Akot. The court found that the shifting was in accordance with the Code and that the government had followed due procedure. (Paras 3-4)
C) Education Law - Locus Standi - Parents of students have no locus standi to challenge the shifting of a school as they are not parties to the grant-in-aid agreement between the management and the government. The remedy, if any, lies with the management. (Para 5)
Issue of Consideration
Whether the parents of students have a right to challenge the shifting of a school from one location to another, and whether the government's decision to shift the school was arbitrary or illegal.
Final Decision
The writ petition was dismissed. The court upheld the government's decision to shift the school from Jalgaon Nahate to Akot.
Law Points
- School shifting
- Government policy
- Public interest
- Vested right
- Maharashtra Secondary Schools Code
- 1964
Case Details
2010 LawText (BOM) (08) 153
Writ Petition No.5208 of 2008
D.B. Bhosale, P.B. Varale
Shri S.V. Sirpurkar and Shri N.B. Jawade for petitioners; Smt. B.H. Dangre, Additional Government Pleader for respondent nos. 1 to 3; Shri A.M. Ghare for respondent no.4
Anil s/o Panjabrao Nahate and Gajanan s/o Sahebrao Rede
The State of Maharashtra, Deputy Director of Education, Education Officer (Secondary), Zilla Parishad, Akola, and Yashoda Bahu Uddeshiya Shikshan Prasarak Mandal
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Nature of Litigation
Writ petition challenging the shifting of a secondary school from one location to another.
Remedy Sought
The petitioners (parents of students) sought to quash the communication/order dated 13/10/2008 confirming the shifting of the school from Jalgaon Nahate to Akot.
Filing Reason
The parents were aggrieved by the decision to shift the school, which they claimed would cause hardship to students.
Previous Decisions
The Deputy Director of Education had confirmed the shifting decision by communication dated 13/10/2008.
Issues
Whether the parents have locus standi to challenge the shifting of the school.
Whether the government's decision to shift the school was arbitrary or illegal.
Submissions/Arguments
Petitioners argued that shifting the school would cause hardship to students, especially those from nearby villages, and that the decision was arbitrary.
Respondents argued that the decision was a policy matter and in public interest, and that the parents had no vested right.
Ratio Decidendi
The decision to shift a school is a policy matter and the government has the discretion to relocate a school in public interest. Parents have no vested right to insist that the school remain at a particular location. The parents also lack locus standi as they are not parties to the grant-in-aid agreement.
Judgment Excerpts
The parents of the students, who were studying in Standard VIII and IX in the School at Jalgaon Nahate... have challenged the communication/order dated 13/10/2008 issued by respondent no.2... whereby the decision to shift the School at Jalgaon Nahate to Akot... has been maintained/confirmed by the State Government.
The decision to shift the school is a policy matter and the government has the discretion to relocate a school in public interest. Parents have no vested right to insist that the school remain at a particular location.
Procedural History
The management applied in 2001 to start a secondary school at Jalgaon Nahate, which was allowed. Later, the management proposed shifting the school to Akot, and the government approved. The parents challenged the shifting order dated 13/10/2008 by filing Writ Petition No.5208 of 2008 before the Bombay High Court, Nagpur Bench.
Acts & Sections
- Maharashtra Secondary Schools Code, 1964:
